People v. Roche

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the defendant’s “attempt to evade detection” undermined the basis for a defense of extreme emotional disturbance
• refusing EMED jury instruction to defendant who stabbed his wife more than a dozen times
• trial court not obligated to charge EED defense where evidence showed “defendant acted out of anger or embarrassment or both”
• “In the absence of the requisite proof, an extreme emotional disturbance charge should not be given because it would invite the jury to engage in impermissible speculation concerning defendant's state of mind at the time of the homicide.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

91 cases in this archive cite this case; the 20 most cited are listed.

• People v. Cass
  New York Court of Appeals· 2012-02-16· cited 423×
• Murden v. Artuz
  Second Circuit· 2007-08-10· cited 142×
• People v. McKenzie
  New York Court of Appeals· 2012-06-26· cited 35×
• People v. Smith
  New York Court of Appeals· 2004-02-17· cited 33×
• People v. Ramsey
  Appellate Division of the Supreme Court of New York· 2009-02-06· cited 20×
• People v. Lyons
  Appellate Division of the Supreme Court of New York· 2021-12-09· cited 19×
• People v. George
  Appellate Division of the Supreme Court of New York· 2004-05-24· cited 19×
• People v. Hendrie
  Appellate Division of the Supreme Court of New York· 2005-12-08· cited 18×
• People v. Robinson
  Appellate Division of the Supreme Court of New York· 2003-11-21· cited 17×
• People v. Junior
  Appellate Division of the Supreme Court of New York· 2014-07-24· cited 16×
• Bonilla v. Lee
  S.D. New York· 2014-08-09· cited 16×
• People v. Hernandez
  Appellate Division of the Supreme Court of New York· 2007-12-04· cited 15×
• People v. Muller
  Appellate Division of the Supreme Court of New York· 2010-04-22· cited 15×
• People v. Naqvi
  Appellate Division of the Supreme Court of New York· 2015-10-14· cited 14×
• People v. Lynch
  Appellate Division of the Supreme Court of New York· 2012-02-14· cited 14×
• People v. Parker
  Appellate Division of the Supreme Court of New York· 2006-05-18· cited 13×
• People v. Bonilla
  Appellate Division of the Supreme Court of New York· 2008-12-30· cited 13×
• People v. McGrady
  Appellate Division of the Supreme Court of New York· 2007-11-09· cited 12×
• People v. Schumaker
  Appellate Division of the Supreme Court of New York· 2016-02-11· cited 12×
• People v. Barber
  Appellate Division of the Supreme Court of New York· 2003-12-31· cited 11×