The People &c.,
Respondent,
v.
Lydell Harris,
Appellant.
2000 NY Int. 122
Defendant was convicted after a jury trial of murder in the second degree (Penal Law § 125.25[1]). The evidence established that defendant killed his long-time friend, Larry Amorose, with a machete. With the help of his girlfriend, defendant decapitated and dismembered Amorose's body, put the body parts in garbage bags and discarded the bags in the ocean off Coney Island.
The trial court rejected defendant's request for a
The Legislature has recognized that some intentional
homicides may result from "an understandable human response
deserving of mercy" (People v Casassa, , 49 NY2d 668, 680-681, cert
denied 449 US 842). Thus, the fact "that [a] homicide was
committed under the influence of extreme emotional disturbance
constitutes a mitigating circumstance reducing murder to
manslaughter in the first degree" (Penal Law § 125.20[2]).
Mitigation is not limited to circumstances associated with the
traditional "heat of passion" doctrine, but may be considered
with respect to a broad range of situations where the trier of
fact believes that such leniency should be afforded an
emotionally disturbed defendant (see, People v Casassa,
Hence, Penal Law § 125(1)(a) provides that it is an
affirmative defense to the crime of murder in the second degree
that "[t]he defendant acted under the influence of extreme
emotional disturbance for which there was a reasonable
explanation or excuse, the reasonableness of which is to be
determined from the viewpoint of a person in the defendant's
The extreme emotional disturbance defense requires
proof of both subjective and objective elements. The subjective
element focuses on the defendant's state of mind at the time of
the crime and requires sufficient evidence that the defendant's
conduct was actually influenced by an extreme emotional
disturbance (see, People v White,
The objective element requires proof of a reasonable
explanation or excuse for the emotional disturbance (see, People
v White,
People v Moye (, 66 NY2d 887,
In our view, the present case is analytically
indistinguishable from Moye. Thus, viewing the evidence in the
light most favorable to the defendant, as we must in considering
whether the extreme emotional disturbance defense should have
Defendant confessed to the murder. His handwritten and videotaped statements to the police and District Attorney's Office were introduced into evidence by the People. Defendant explained that he was in love with his live-in girlfriend, Monique Lloyd, and that Amorose started talking to her. Lloyd had been unfaithful to defendant with Amorose in the past. Indeed, she once left defendant for Amorose. When Lloyd went to another room, Amorose began taunting defendant by expressing in crude terms that he could still have sex with Lloyd at anytime and that Lloyd would leave defendant for him merely at his beck and call.
Like the statements in Moye, defendant's confessions explained that he completely lost control over his actions in response to Amorose's taunts. Defendant related that he started hitting Amorose and that "it was like [he] was looking at a movie [and] didn't have any control" at the time. He admitted that he just "couldn't stop" his attack on Amorose. He stated that he started crying and vomiting after he killed Amorose with the machete. He then related how he cut his victim to pieces.
Additional evidence relevant to both elements of the
defense was introduced in the form of psychiatric testimony.
Based upon the foregoing evidence, a rational jury
could conclude that defendant exhibited the severe loss of self-
control normally associated with the subjective element of the
extreme emotional disturbance defense (see, People v Moye, supra,
66 NY2d, at 890). A rational jury could also determine that
defendant satisfied the objective element of the defense. The
jury could reasonably infer that he was provoked to rage over the
emotionally-charged subject of his lover's past and potentially
future infidelity with Amorose.
Relying upon other portions of defendant's statements and expert testimony, the People argue that defendant did not suffer from any extreme emotional disturbance but acted solely out of anger and jealousy and then in self-defense. However, this merely presented conflicts in the evidence that raised issues of fact for the jury to resolve in determining whether to accept or reject the affirmative defense of extreme emotional disturbance.
Where, as here, the defendant's request for submission
of the extreme emotional disturbance defense to the jury should
have been granted, the trial court's failure to charge the
defense requires a reversal and new trial (see, People v Moye,
Accordingly, the order of the
Appellate Division should be reversed and a new trial ordered.