Opinion
January 19, 1988
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is modified, on the law, by reducing the sentence on the conviction of criminal possession of a weapon to 5 to 15 years. As so modified, the judgment is affirmed.
Viewing the evidence in the light most favorable to the defendant, the court properly refused to charge extreme emotional disturbance (see, People v Walker, 64 N.Y.2d 741). The defendant failed to present sufficient evidence that he in fact acted under the influence of extreme emotional disturbance and that there was a reasonable explanation for the emotional disturbance (cf., People v Moye, 66 N.Y.2d 887).
Concededly, the sentence on the criminal possession of a weapon count must be reduced from 7 1/2 to 15 years' imprisonment to 5 to 15 years' imprisonment because the minimum term of this sentence cannot exceed one third of the maximum term (see, Penal Law § 70.02 [b]; [3] [b]; [4]; § 265.03). The sentence imposed is, however, not otherwise excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Brown, Spatt and Sullivan, JJ., concur.