People v. Rowe

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GORDON ROWE, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 7, 1992

186 A.D.2d 982 (N.Y. App. Div. 1992)

588 N.Y.S.2d 446

Opinion

October 7, 1992

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Denman, P.J., Boomer, Balio, Lawton and Fallon, JJ.

Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the jury's verdict convicting him of murder in the second degree (see, Penal Law § 125.25) was against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). From the conflicting evidence presented, the jury reasonably concluded that defendant was not acting under extreme emotional disturbance when he viciously attacked the decedent.

We have considered the other issues raised by defendant and find them lacking in merit.