People v. Walker

Decision Date27 December 1984
Citation64 N.Y.2d 741,475 N.E.2d 445,485 N.Y.S.2d 978
Parties, 475 N.E.2d 445 The PEOPLE of the State of New York, Respondent, v. Robert WALKER, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 100 A.D.2d 220, 473 N.Y.S.2d 460, should be affirmed.

The evidence showed that the defendant, in the culmination of a long-standing disagreement, shot and killed the victim in a bar after an argument over money, which the victim claimed was owed him, and after the victim placed his hand on the defendant's plate of food. Under these circumstances the trial court was not obligated to charge the affirmative defense to murder in the second degree that the defendant "acted under the influence of extreme emotional disturbance" (Penal Law, § 125.25, subd. 1, par. ).

In order for a defendant to be entitled to a charge on "extreme emotional disturbance" there must be evidence sufficient for a jury to find, by a preponderance of the evidence, that the elements of this affirmative defense were established (cf. People v. Watts, 57 N.Y.2d 299, 456 N.Y.S.2d 677, 442 N.E.2d 1188). Here there was no evidence which suggested the presence of "extreme emotional disturbance" (cf. ALI Model Penal Code, § 210.3, Comment, p 61) and thus charging the affirmative defense would have invited the jury to impermissibly speculate as to the defendant's state of mind at the time of the shooting. At most, the evidence at trial showed that the defendant acted out of anger or embarrassment, or both. While these emotions might sometimes serve as the "reasonable explanation" for the presence of "extreme emotional disturbance" they are not equivalent to the loss of self-control generally associated with that defense, and are not necessarily indicative of the "mental infirmity", not rising to the level of insanity, discussed in People v. Patterson, 39 N.Y.2d 288, 302, 383 N.Y.S.2d 573, 347 N.E.2d 898, affd. 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281; see People v. Casassa, 49 N.Y.2d 668, 677-678, 427 N.Y.S.2d 769, 404 N.E.2d 1310).

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE, JJ., concur.

Order affirmed in a memorandum.

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67 cases
  • Shiwlochan v. Portuondo
    • United States
    • U.S. District Court — Eastern District of New York
    • November 10, 2004
    ...N.Y.2d at 75, 745 N.Y.S.2d 775, 772 N.E.2d 1133. Acting out of anger or embarrassment is insufficient. People v. Walker, 64 N.Y.2d 741, 743, 485 N.Y.S.2d 978, 979, 475 N.E.2d 445 (1984) (trial court not obligated to charge EED defense where evidence showed "defendant acted out of anger or e......
  • Linnen v. Poole
    • United States
    • U.S. District Court — Western District of New York
    • February 24, 2010
    ...less, what exactly is an "extreme emotional disturbance" for purposes of establishing the EED defense. In People v. Walker, 64 N.Y.2d 741, 485 N.Y.S.2d 978, 475 N.E.2d 445 (N.Y.), for instance, the New York Court of Appeals held, "At most, the evidence at trial showed that the defendant act......
  • Linnen v. Poole
    • United States
    • U.S. District Court — Western District of New York
    • February 4, 2011
    ...less, what exactly is an “extreme emotional disturbance” for purposes of establishing the EED defense. In People v. Walker, 64 N.Y.2d 741, 485 N.Y.S.2d 978, 475 N.E.2d 445 (N.Y.), for instance, the New York Court of Appeals held, “At most, the evidence at trial showed that the defendant act......
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • July 8, 1985
    ...62 N.Y.2d 36, 38-39, 476 N.Y.S.2d 50, 464 N.E.2d 418; People v. Walker, 100 A.D.2d 220, 222, 473 N.Y.S.2d 460, affd. 64 N.Y.2d 741, 485 N.Y.S.2d 978, 475 N.E.2d 445). In regard to charging such an offense, CPL 300.50(1) provides that the trial court may, in its discretion, submit the lesser......
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2 books & journal articles
  • § 31.10 Criminal Homicide: Model Penal Code
    • United States
    • Carolina Academic Press Understanding Criminal Law (CAP) 2022 Title Chapter 31 Criminal Homicide
    • Invalid date
    ...murder; conviction upheld on sufficiency-of-evidence grounds).[312] People v. Walker, 473 N.Y.S.2d 460 (1st Dep't), aff'd in memorandum, 475 N.E.2d 445 (N.Y. 1984) (murder conviction affirmed; no jury instruction on EMED given; this ruling was upheld on ground that there was no evidence tha......
  • § 31.10 CRIMINAL HOMICIDE: MODEL PENAL CODE
    • United States
    • Carolina Academic Press Understanding Criminal Law (CAP) 2018 Title Chapter 31 Criminal Homicide
    • Invalid date
    ...conviction upheld on sufficiency-of-evidence grounds).[310] . People v. Walker, 473 N.Y.S.2d 460 (App. Div.), aff'd in memorandum, 475 N.E.2d 445 (N.Y. 1984) (murder conviction affirmed; no jury instruction on EMED given; this ruling was upheld on ground that there was no evidence that D su......

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