64 N.Y.2d 741 (1984)
A defendant is entitled to a jury charge on the affirmative defense of extreme emotional disturbance only when sufficient evidence is presented for a jury to find, by a preponderance of the evidence, that the elements of the defense are established.
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the trial court was not obligated to charge the affirmative defense of extreme emotional disturbance in a second-degree murder trial. The defendant shot and killed the victim after an argument over money and the victim touching the defendant’s food. The Court of Appeals reasoned that the evidence presented at trial, at most, indicated anger or embarrassment, which are not equivalent to the loss of self-control associated with extreme emotional disturbance. Without such evidence, charging the defense would invite impermissible jury speculation.
Facts
The defendant shot and killed the victim in a bar. This act was the culmination of a long-standing disagreement between the two men. The shooting occurred after an argument about money that the victim claimed the defendant owed him. Immediately before the shooting, the victim placed his hand on the defendant’s plate of food.
Procedural History
The defendant was tried for murder in the second degree. At trial, the defendant requested that the court charge the jury on the affirmative defense of extreme emotional disturbance. The trial court declined to give the requested charge. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals then reviewed the Appellate Division’s order.
Issue(s)
Whether the trial court was obligated to charge the affirmative defense to murder in the second degree that the defendant “acted under the influence of extreme emotional disturbance” (Penal Law, § 125.25, subd 1, par [a]).
Holding
No, because there was no evidence presented which suggested the presence of “extreme emotional disturbance”.
Court’s Reasoning
The Court of Appeals reasoned that a defendant is entitled to a charge on extreme emotional disturbance only when there is sufficient evidence for a jury to find that the elements of this affirmative defense were established by a preponderance of the evidence. The Court found that the evidence presented only showed that the defendant acted out of anger or embarrassment. While these emotions might sometimes serve as the “reasonable explanation” for the presence of extreme emotional disturbance, they are not equivalent to the loss of self-control generally associated with that defense and are not necessarily indicative of the “mental infirmity”, not rising to the level of insanity.
The court emphasized that charging the affirmative defense without sufficient evidence would invite the jury to impermissibly speculate about the defendant’s state of mind at the time of the shooting. The court cited People v Patterson, noting that extreme emotional disturbance involves a mental infirmity not rising to the level of insanity and People v Casassa.
The court observed that the evidence failed to demonstrate the type of significant loss of control associated with the extreme emotional disturbance defense, thus making the charge inappropriate in this case.