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PEOPLE v. CHARLES

13 Misc.3d 985 (2006)

821 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. NIXON CHARLES, Defendant.

Supreme Court, Kings County.

October 3, 2006.

Attorney(s) appearing for the Case

Joyce B. David for defendant.

Charles J. Hynes, District Attorney (Lauren Rosen of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

Issue Presented

The court is presented with an issue of first impression, namely, whether the affirmative defense of extreme emotional disturbance (EED) ought to be applicable to a charge of assault in the first degree.

Facts

On or about November 22, 2005, defendant is alleged to have stabbed his wife numerous times with...

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