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Murder: People v. McKenzie
By: Daily Record Staff//February 28, 2011
Appellate Division, Fourth Department
Murder
Extreme Emotional Disturbance
People v. McKenzie
KA 07-01840
Appealed from Monroe County Court
Background: The defendant, convicted after trial of murder second degree, contended that the trial judge erred in denying a jury charge on the defense of “extreme emotional disturbance.”
Ruling: The conviction is affirmed. The affirmative defense is inappropriate where the defendant’s conduct before, during and after the offense is inconsistent with the loss of self control. There was insufficient evidence shown that the elements of the defense had been established.
James Eckert for the defendant and defendant pro se; Joseph D. Waldorf for Monroe County District Attorney’s Office
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