Opinion
2014–00671 Ind. No. 2038/11
05-16-2018
The PEOPLE, etc., respondent, v. Akeem DEANE, appellant.
Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Sullivan & Cromwell LLP [Maya Krugman ], of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'Hara Gillespie, and Sullivan & Cromwell LLP [Maya Krugman ], of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Kings County (Mark Dwyer, J.), rendered December 12, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the fourth degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was charged with, inter alia, murder in the second degree. During trial, the trial court asked defense counsel if he wished to pursue the affirmative defense of extreme emotional disturbance. Defense counsel explicitly chose not to pursue the defense. On appeal, the defendant argues that he was deprived of a fair trial by the court's failure to charge the jury on the defense of extreme emotional disturbance. Since the defendant specifically waived the right to a charge on extreme emotional disturbance, the trial court's failure to so charge did not constitute error (see People v. Brown , 262 A.D.2d 569, 693 N.Y.S.2d 606 ; see also People v. Petrovich , 87 N.Y.2d 961, 641 N.Y.S.2d 592, 664 N.E.2d 503 ; People v. Feris , 144 A.D.2d 691, 535 N.Y.S.2d 17 ), and did not deprive the defendant of a fair trial.
The sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.