People v. Hon Do Lau

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HON DO LAU, Appellant

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

Date published: Nov 23, 1998

255 A.D.2d 524 (N.Y. App. Div. 1998)

680 N.Y.S.2d 166

Opinion

November 23, 1998

Appeal from the Supreme Court, Queens County (Cooperman, J.).

Ordered that the judgment is affirmed.

The court did not err in denying the defendant's request to charge the jury on the affirmative defense of extreme emotional disturbance ( see, Penal Law § 125.25 [a]). Viewing the evidence in the light most favorable to the defendant ( see, People v. Moye, 66 N.Y.2d 887, 889), the trial court correctly determined that there was no reasonable interpretation of the evidence to support the requested charge.

Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.