Strategy on Extreme Emotional Disturbance

, New York Law Journal

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In his Criminal Law and Procedure column, Barry Kamins, a Supreme Court Justice and administrator for the New York City Criminal Court, analyzes a recent Court of Appeals case holding that should a prosecutor choose to offer evidence sufficient to warrant charging a jury on the defense of extreme emotional disturbance, the defendant can obtain a charge from the court without having to present his own evidence and without having to file statutory notice pursuant to CPL 250.10.

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