Opinion
January 20, 1978
Appeal from the Oneida County Court.
Present — Moule, J.P., Cardamone, Simons, Hancock, Jr., and Denman, JJ.
Judgment unanimously affirmed. Memorandum: We find that the existence of the intent to cause the death of the defendant's parents could be inferred from the totality of his conduct (People v Horton, 18 N.Y.2d 355, 359; McKenna v People, 81 N.Y. 360).
Further, there is no requirement, even under the law of the case under People v Davis ( 49 A.D.2d 437) prior to its implicit reversal in People v Patterson, ( 39 N.Y.2d 288), that the People present expert testimony to show the absence of the defendant's extreme emotional disturbance (People v Solari, 43 A.D.2d 610, 612, affd 35 N.Y.2d 876; see People v Patterson, supra, p 304; People v Shelton, 88 Misc.2d 136). From the testimony offered at trial, the defendant's own testimony and confession and the defendant's conduct before and after his shooting his parents, the jury had before it sufficient evidence to be satisfied beyond a reasonable doubt that the defendant was not under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse (Penal Law, § 125.25, subd 1, par [a]).