People v. Simon

Full title: The People of the State of New York, respondent, v. Jean Simon, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 8, 2015

2015 N.Y. Slip Op. 2990 (N.Y. App. Div. 2015)

Opinion

2012-11464 Index No. 6083/11

04-08-2015

The People of the State of New York, respondent, v. Jean Simon, appellant.

Lynn W. L. Fahey, New York, N.Y. (Patricia Pazner of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

Lynn W. L. Fahey, New York, N.Y. (Patricia Pazner of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered December 18, 2012, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his request to charge the jury on the affirmative defense of extreme emotional disturbance (see People v Roche, 98 NY2d 70, 75). In particular, the evidence did not "demonstrate, first, that he . . . acted under the influence of an extreme emotional disturbance and, second, that there was a reasonable explanation or excuse for that disturbance" (People v Roche, 98 NY2d at 76; see People v Piquion, 283 AD2d 233; cf. People v Sepe, 111 AD3d 75).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

MASTRO, J.P., DILLON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the