Opinion
2004-00119.
November 14, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 4, 2003, convicting him of murder in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
Before: Schmidt, J.P., S. Miller, Santucci and Spolzino, JJ., concur.
Ordered that the judgment is affirmed.
The Supreme Court properly denied the defendant's request for a jury charge on the affirmative defense of extreme emotional disturbance ( see Penal Law § 125.25 [a]). The defendant presented no psychiatric evidence, claimed that he was innocent, and submitted no evidence indicating that he was suffering from emotional distress ( see People v. Smith, 1 NY3d 610, 612; People v. Roche, 98 NY2d 70, 76; People v. White, 79 NY2d 900; People v. Harris, 109 AD2d 351, 362). Even when viewed in the light most favorable to the defendant, the evidence merely established that the defendant was angry or upset, but not that he had lost self-control ( see People v. Walker, 64 NY2d 741, 743; People v. McDonald, 199 AD2d 420). Thus, any finding by the jury that the defendant suffered from extreme emotional disturbance at the time of the killings would have been pure speculation ( see People v. Roche, supra at 76).