Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 16 distinct citers.
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discussed
Cited "see"
People v. Wells
Action influenced by EED need not be spontaneous, but may be a significant mental trauma that “has affected a defendant’s mind for a substantial period of time, simmering in the unknowing subconscious and then inexplicably coming to the fore” (People v Patterson, 39 NY2d 288, 303 [1976], affd 432 US 197 [1977]; see People v Casassa, 49 NY2d 668, 676 [1980], cert denied 449 US 842 [1980]).
discussed
Cited "see"
People v. Wells
Action influenced by EED need not be spontaneous, but may be a significant mental trauma that “has affected a defendant’s mind for a substantial period of time, simmering in the unknowing subconscious and then inexplicably coming to the fore” (People v Patterson, 39 NY2d 288, 303 [1976], affd 432 US 197 [1977]; see People v Casassa, 49 NY2d 668, 676 [1980], cert denied 449 US 842 [1980]).
discussed
Cited "see"
People v. Carr
The jury was entitled to conclude that the excuse offered for defendant’s emotional state "was so unreasonable under the circumstances that it did not warrant mitigation” (People v Ludwigsen, 159 AD2d 591, 592 , lv denied 76 NY2d 738 ; see, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see"
People v. Infante
It was defendant’s burden to prove by a preponderance of the evidence (People v Moye, 66 NY2d 887, 889 ) that he in fact acted under extreme emotional disturbance for which there was a reasonable explanation or excuse (Penal Law § 125.25 [1] [a]; see generally, People v Casassa, 49 NY2d 668, 677-680 , cert denied 449 US 842 ).
examined
Cited "see"
Delgado v. Walker
(3×)
See People v. Casassa, 40 N.Y.2d 668, 678-679 , 427 N.Y.S.2d 769, 775 , 404 N.E.2d 1310, 1315-16 , cert. denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
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Cited "see"
People v. Platten
Moreover, as the suppression court correctly concluded, nei ther the District Attorney nor any police officer was guilty of any "pattern of isolation and trickery designed to keep the defendant from obtaining counsel” (People v Fuschino, 59 NY2d 91, 100 ; see, People v Casassa, 49 NY2d 668, 681-682, cert denied 449 US 842 ; People v Garofolo, 46 NY2d 592 ; People v Bevilacqua, 45 NY2d 508, 514 ; People v Pinzon, 44 NY2d 458, 464; People v Kern, 149 AD2d 187, 217-218 , affd 75 NY2d 638 , cert denied — US —, 111 S Ct 77 ; People v Lewis, 160 AD2d 815, 817 , lv dismissed 76 NY2d 738 ; Peopl…
discussed
Cited "see, e.g."
State v. Parris
See State v. Kaddah, 250 Conn. 563, 580 , 736 A.2d 902 (1999) (‘‘[t]he [trial court’s] reference to an ‘event’ as a cause and the long, sim- mering nature of such [an emotional] disturbance . . . removed any possibility that the jury mistakenly would believe that the victim, rather than the circumstances, contemporaneously must have caused the defendant’s disturbance for the defense of extreme emotional dis- turbance to apply’’ (emphasis in original)); see also People v. Casassa, 49 N.Y.2d 668 , 679 n.2, 404 N.E.2d 1310 , 427 N.Y.S.2d 769 (‘‘[w]e emphasize that [the extreme…
discussed
Cited "see, e.g."
People v. Alves
On this record, the jury was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456 ; People v Ayala, 221 AD2d 457 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Valero
On this record, the trial court, acting as finder of fact, was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456 ; People v Ayala, 221 AD2d 457 ; People v David, 143 AD2d 1031 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
Gora v. City of Ferndale
See also Const. 1963, art. 1, §§ 11, 17. [4] 456 Mich. 851 , 568 N.W.2d 88 (1997). [5] 210 Mich.App. 622 , 533 N.W.2d 840 (1995). [6] 451 Mich. 875 , 549 N.W.2d 567 (1996). [7] Plaintiffs have not appealed from this portion of the Court of Appeals decision. [8] Accord Song v. Elyria, Ohio, 985 F.2d 840, 843 (C.A.6, 1993), Oriental Health Spa v. Fort Wayne, 864 F.2d 486, 490 (C.A.7, 1988), Mini Spas v. South Salt Lake City, 810 F.2d 939 (C.A.10, 1987), Pollard v. Cockrell, 578 F.2d 1002, 1010-1011 (C.A.5, 1978), Tomlinson v. Savannah, 543 F.2d 570, 571 (C.A.5, 1976), Colorado Springs Amusemen…
discussed
Cited "see, e.g."
People v. Bello
The jury was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456; People v Ayala, 221 AD2d 457 ; People v David, 143 AD2d 1031 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
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Cited "see, e.g."
People v. Rosato
Thus, the suppression court properly denied defendant’s motion to suppress his postarrest statement made after he twice had been apprised of his Miranda rights and voluntarily agreed to waive those rights (see, People v Daly, supra, at 874; People v Matus, supra, at 465 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Shegog
Defendant must show that he did act under the influence of extreme emotional disturbance and that there was a reasonable explanation or excuse for the emotional disturbance (People v Moye, supra, at 890 ; see also, People v Casassa, 49 NY2d 668, 678-679 , cert denied 449 US 842 ).
discussed
Cited "see, e.g."
People v. Torres
Although the evidence proffered by the defendant at trial sufficed to meet the threshold requirement that she acted under the influence of extreme emotional disturbance, the jury could reasonably have determined that she failed to establish her further burden of showing a reasonable explanation or excuse for the emotional disturbance (see, People v Rosado, 128 AD2d 905 ; see also, People v Casassa, 49 NY2d 668, 681 , cert denied 449 US 842 ).
examined
Cited "see, e.g."
State v. Dumlao
(3×)
See also People v. Casassa, 49 N.Y.2d 668 , 427 N.Y.S.2d 769 , 404 N.E.2d 1310 , cert denied, 449 U.S. 842 , 101 S.Ct. 122 , 66 L.Ed.2d 50 (1980).
discussed
Cited "see, e.g."
People v. Cruickshank
This is, of course, a correct statement of the law for the Legislature has specifically provided that “[t]he fact that 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, subd 2 [emphasis added]; see, also, People v Casassa, 49 NY2d 668, 680 , cert den 449 US 842 ; 1 Callaghan, Law in New York [3d ed], § 18:18, pp 31-34).
Retrieving the full opinion text from the archive…
Casassa
v.
New York
v.
New York
No. 79-2039.
Supreme Court of the United States.
Oct 6, 1980.
449 U.S. 842
1980 U.S. LEXIS 2873
Cited by 10 opinions | Published
Ct. App. N. Y. Certiorari denied.