Is a defendant entitled to a defense of extreme emotional disturbance over objection by the defense?

"New York", United States of America

The following excerpt is from People v. Bradley, 646 N.Y.S.2d 657, 669 N.E.2d 815, 88 N.Y.2d 901 (N.Y. 1996):

In this prosecution for second degree murder, the trial court erred in submitting the affirmative defense of extreme emotional disturbance over objection by the defense. As we held in People v. DeGina, 72 N.Y.2d 768, 776, 537 N.Y.S.2d 8, 533 N.E.2d 1037, "a defendant * * * has the right to chart his own defense." That right is infringed when an affirmative defense is submitted over defense objection and the defendant is thereby prejudiced (id., at 776-777, 537 N.Y.S.2d 8, 533 N.E.2d 1037).

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