197 A.D.2d 640 603 N.Y.S.2d 771

The People of the State of New York, Respondent, v Thomas M. Lydon, Jr., Appellant.

[603 NYS2d 771]

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered October 24, 1990, convicting him of murder in the second degree (two counts), and burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A joint trial with two juries was properly conducted in this case (see, CPL 200.40 [1] [b], [c]; People v Riccardo B., 73 NY2d 228). The defendant and his accomplice (see, People v Toal, 197 AD2d 650 [decided herewith]) were tried and convicted based upon much of the same evidence, and each had made a confession implicating the other, so that the use of two juries was appropriate (see, People v Riccardo B., supra).

The defendant’s contention that the County Court should have charged the defense of extreme emotional disturbance is meritless (see, e.g., People v White, 164 AD2d 413, affd 79 NY2d 900), as are all of the defendant’s remaining contentions. Bracken, J. P., Lawrence, Eiber and O’Brien, JJ., concur.

People v. Lydon
197 A.D.2d 640 603 N.Y.S.2d 771

Case Details

Name
People v. Lydon
Decision Date
Oct 18, 1993
Citations

197 A.D.2d 640

603 N.Y.S.2d 771

Jurisdiction
New York

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