Opinion
February 5, 1996
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
Since the defendant failed to request that the court charge the jury on attempted manslaughter in the first degree as a lesser-included offense of attempted murder in the second degree, based on the affirmative defense of extreme emotional disturbance (Penal Law § 125.25 [a]), the court's failure to so charge did not constitute error (see, CPL 300.50; People v Feris, 144 A.D.2d 691). In any event, viewing the evidence in the light most favorable to the defendant (see, People v. Moye, 66 N.Y.2d 887), it failed to support that defense. The defendant's behavior, whereby he paused to empty spent shells into a garbage can in the kitchen after shooting the victim, then retrieved additional bullets from his bedroom, reloaded his gun, and shot his victim again, was inconsistent with the loss of self control normally associated with the defense of extreme emotional disturbance (see, People v. Lovette, 212 A.D.2d 639; People v Feris, supra).
The defendant's remaining contentions are without merit. Rosenblatt, J.P., Copertino, Hart and Friedmann, JJ., concur.