State v. Perez’s Empirical Analysis

Citation profile

1 district · 23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) In a prosecution for murder in the first and second degrees it is a defense, which reduces the offense to manslaughter, that the defendant was, at the time he caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a person in the defendant’s situation under the circumstances as he believed them to be.”

   2 later decisions quote this exact passage
   e.g. State v. Haili · State v. ASARIN

2. ““the emotional state of an individual who: (a) has no mental disease or defect that rises to the level established by Section 30.05 of the Penal Law; and (b) is exposed to an extremely unusual and overwhelming stress; and (c) has an extreme emotional reaction to it, as a result of which there is a loss of self-control and reason is overborne by intense feelings, such as passion, anger, distress, grief, excessive agitation or other similar emotions.””

   2 later decisions quote this exact passage
   e.g. State v. Adviento. · State v. ASARIN

3. “[i]t is insufficient for a criminal defendant merely to allege that he or she was experiencing emotional distress at the time of the charged offense.”

   2 later decisions quote this exact passage
   e.g. State v. Van Gieson · State v. Haili