Is extreme emotional disturbance a defense to depraved indifference murder?
"New York", United States of America
The following excerpt is from People v. Graham, 2013 NY Slip Op 32700 (N.Y. Sup. Ct. 2013):
However, extreme emotional disturbance is not a defense to depraved indifference murder (see, People v. Fardan, 82 N.Y.2d 638, 644-45 [1993]). Penal Law 125.25 [2], which defines depraved indifference murder, does not provide for mitigation of that charge by the affirmative defense of extreme emotional disturbance.
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