17.12 - E. Extreme Emotional Disturbance

• Jurisdiction: New York

E. Extreme Emotional Disturbance

Under PL § 125.25(1)(a), a defendant can interpose a defense of extreme emotional disturbance as an affirmative defense to the charge of murder in the second degree. This is not a complete defense, however, but can provide for a reduction in the level of homicide from murder in the second degree to manslaughter in the first degree. The notice requirements of CPL § 250.10 discussed in connection with the defense of mental disease or defect also apply to the affirmative defense of extreme emotional disturbance.²⁶⁷⁵

In judging whether to accede to a defendant’s request to charge an affirmative defense, such as extreme emotional disturbance, the evidence in support thereof must be viewed in a light most favorable to the defendant. This exercise is incompatible with weighing the evidence to resolve competing inferences that may be drawn from the evidence. The charge must be given if there is evidence reasonably supportive of the defense of extreme emotional disturbance despite the fact that there may be evidence, which if believed, would negate extreme emotional disturbance. These are extreme emotional disturbance’s general principles. If evidence reasonably supportive of extreme emotional...