Court of Appeals of New York

In a prosecution for second degree murder in which the defendant claimed that his act of strangling the victim was committed under a state of extreme emotional disturbance, the conviction is affirmed, where: 1) the defendant's statement concerning an earlier homicide he committed was properly admitted during the People's case on rebuttal, as it tended to establish that the subjective element of the defense has not been made out; and 2) the defendant was not denied effective assistance of counsel by counsel's failure to object to prejudicial comments the prosecutor allegedly made during summation.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Jones

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Warren S. Landau, Joyce Slevin