Opinion
1287
June 3, 2003.
Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered March 3, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Allen H. Saperstein, for respondent.
Harold V. Ferguson, Jr., for defendant-appellant.
Before: Andrias, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.
The jury's verdict rejecting the affirmative defense of extreme emotional disturbance was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Casassa, 49 N.Y.2d 668, cert denied 449 U.S. 842). There is no basis for disturbing the jury's determinations concerning the evaluation of conflicting expert testimony. We note that the manner in which defendant committed the crime was inconsistent with a loss of self-control.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.