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People ex Rel. Haymes v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1976
52 A.D.2d 755 (N.Y. App. Div. 1976)

Opinion

April 15, 1976

Appeal from the Wyoming County Court.

Present — Marsh, P.J., Simons, Mahoney and Witmer, JJ.


Judgment unanimously affirmed. Memorandum: The only constitutional issue raised in this proceeding relates to the alleged denial of due process to relator resulting from the trial court's charging the provisions of section 125.25 (subd 1, par [a]) of the Penal Law which make the claim that the killing in a murder prosecution was committed under the influence of extreme emotional disturbance an affirmative defense, with the burden of proof upon the defendant to establish such defense. The Court of Appeals in People v Patterson ( 39 N.Y.2d 288) has held such statutory provisions to be constitutional. Relator's sole defense was that he suffered with a mental disease or defect under section 30.05 Penal of the Penal Law. The court submitted to the jury both the crimes of murder for which defendant was indicted, and manslaughter, first degree. The manslaughter charge, submitted over defendant's objection and of which he was convicted, was properly submitted as a lesser included crime under section 445 of the Code of Criminal Procedure then in effect. No other error is alleged which may be challenged in this habeas corpus proceeding.


Summaries of

People ex Rel. Haymes v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1976
52 A.D.2d 755 (N.Y. App. Div. 1976)
Case details for

People ex Rel. Haymes v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RODNEY R. HAYMES, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 15, 1976

Citations

52 A.D.2d 755 (N.Y. App. Div. 1976)

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