People v. Buckner
Cases that cite this one
1 later published case cites this decision.
- People v. Reed (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J), rendered December 4, 2003, convicting him of murder in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court properly denied the defendant’s request for a jury charge on the affirmative defense of extreme emotional disturbance (see Penal Law § 125.25 [1] [a]). The defendant presented no psychiatric evidence, claimed that he was innocent, and submitted no evidence indicating that he was suffering from emotional distress (see People v Smith, 1 NY3d 610, 612 [2004]; People v Roche, 98 NY2d 70, 76 [2002]; People v White, 79 NY2d 900 [1992]; People v Harris, 109 AD2d 351, 362 [1985]). Even when viewed in the light most favorable to the defendant, the evidence merely established that the defendant was angry or upset, but not that he had lost self-control (see People v Walker, 64 NY2d 741, 743 [1984]; People v McDonald, 199 AD2d 420 [1993]). Thus, any finding by the jury that the defendant suffered from extreme emotional disturbance at the time of the killings would have been pure speculation (see People v Roche, supra at 76). Schmidt, J.P., S. Miller, Santucci and Spolzino, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.