New York Court of Appeals

The People of the State of New York, Respondent v. Kenneth Maher, Appellant

February 13, 199789 N.Y.2d 456

Summary

The Court affirmed the Appellate Division's order, holding that the victim's hearsay statements were inadmissible under the Geraci exception but that the error was harmless, and that the jury instruction on extreme emotional disturbance, though imperfect, was overall correct. The convictions for intentional murder, felony murder, and criminal contempt were therefore upheld.