Question

In a brief to the new york court of appeals, you write that extreme emotional disturbance is an affirmative defense to second-degree murder. this rule comes directly from section 125.25(1)(a) of mckinney's consolidated laws of new york annotated, penal law, published in 2013.

Answer 1

In writing that extreme emotional disturbance is an affirmative defense to second-degree murder (specifically in New York) you would be correct. Extreme emotional disturbance is the intentional killing of another, but done under extreme emotional circumstances. The extreme emotion must also be reasonable.