Opinion
2004-01648.
May 9, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered January 16, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: Miller, J.P., Santucci, Rivera and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
The jury determination that the defendant failed to prove by a preponderance of the evidence that he was acting "under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse" when he stabbed and killed his wife was not against the weight of the evidence (Penal Law § 125.25 [a]; see Penal Law § 125.20; People v. Roche, 98 NY2d 70, 75-76; People v. Casassa, 49 NY2d 668, 675, cert denied 449 US 842; People v. George, 7 AD3d 810 [2004]).
The defendant's remaining contentions, including those raised in the supplemental pro se brief, are without merit.