Weight of Evidence and Extreme Emotional Disturbance

, New York Law Journal

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In his Criminal Law and Procedure column, Barry Kamins, administrative judge, Criminal Court of the City of New York, reviews a recent appellate decision that found, for only the second time since the Court of Appeals ushered in the "modern era" of weight-of-the-evidence review in 'Bleakley,' that it was against the weight of evidence for a jury to reject the affirmative defense of extreme emotional disturbance.

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