PEOPLE VS PATTERSON - THE CONSTITUTIONALITY OF NEW YORK'S AFFIRMATIVE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE

• NCJ Number: 40259
• Journal: St John's Law Review Volume: 51 Issue: 1 Dated: (FALL 1976) Pages: 158-180
• Author(s): C B BERGAMASCO
• Date Published: 1976
• Length: 23 pages
• Corporate Author: St John's Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE NEW YORK COURT OF APPEALS RULING IN PEOPLE V PATTERSON (1976) UPHOLDING THE CONSTITUTIONALITY OF A SECTION OF THE PENAL LAW WHICH MAKES 'EXTREME EMOTIONAL DISTURBANCE' AN AFFIRMATIVE DEFENSE FOR MANSLAUGHTER.

Abstract

THE AUTHOR EXAMINES THE FACTS OF THE CASE AND OPINIONS SET FORTH IN PATTERSON IN LIGHT OF A CONTRARY RULING REACHED BY THE US SUPREME COURT IN A SIMILAR CASE IN MULLANEY V WILBUR (1975). THE AUTHOR POINTS OUT THAT THE CASE HAS BEEN ACCEPTED FOR REVIEW BY THE HIGH COURT AND SUGGESTS THAT IF THE SECTION OF NEW YORK LAW IN QUESTION IS DECLARED UNCONSTITUTIONAL AND THE PETITIONER'S CONVICTION IS OVERTURNED, THE COURT SHOULD ALSO TAKE THAT OPPORTUNITY TO CLARIFY SOME AREAS OF CONFUSION REGARDING AFFIRMATIVE DEFENSES WHICH WERE LEFT UNCLEAR BY THE MULLANEY RULING....EB