People v. Moye

In People v. Moye, 66 NY2d 887 [1985] Moye was accused of killing and dismembering the body of his victim. Specifically, the defendant in Moye was unable to perform sexually and the victim began to mock and taunt him. The defendant asked her to stop, but the victim refused and consequently, the defendant began to slash her across the chest and eventually cut the victim's head off. In his statement, the defendant stated that "I just went crazy and cut her head off"; "I kept slashing and slashing"; "something snapped"; he went "bananas"; and "I need help. I would like to have some help." Predicated solely on the People's case, the defendant requested a charge on EED which the court denied. After trial, the defendant was convicted of murder in the second degree, the Appellate Division affirmed the defendant's conviction, however, the Court of Appeals reversed, holding, that there was sufficient evidence to submit to the jury the charge of extreme emotional disturbance so that the "jury might weigh the evidence presented as to both the subjective and objective elements of the defense, and the failure to do so requires a new trial." (Id. at 890.)