Opinion
January 12, 1998
Appeal from the County Court, Nassau County (Mackston, J.).
Ordered that the judgment is affirmed.
The record supports the hearing court's finding that the defendant effectively waived her Miranda rights ( see, People v. Prochilo, 41 N.Y.2d 759).
Because the defendant failed to request that the court charge the jury on manslaughter in the first degree as a lesser-included offense of murder in the second degree, based on the affirmative defense of extreme emotional disturbance ( see, Penal Law § 125.25 [a]), the court's failure to so charge did not constitute error ( see, CPL 300.50; People v. Goros, 224 A.D.2d 444; People v. Feris, 144 A.D.2d 691).
The defendant's remaining contentions are without merit.
Bracken, J.P., Sullivan, Santucci and Luciano, JJ., concur.