Opinion
2013-01611
08-05-2015
The PEOPLE, etc., respondent, v. Todd SINCLAIR, appellant.
John R. Lewis, Sleepy Hollow, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered February 4, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The jury's determination that the defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance when he shot and killed the victim, who moments earlier had been in a car with the defendant's girlfriend, was not against the weight of the evidence (see People v. Steen, 107 A.D.3d 1608, 967 N.Y.S.2d 572 ; People v. Reynart, 71 A.D.3d 1057, 900 N.Y.S.2d 65 ; People v. Ludwigsen, 48 A.D.3d 484, 849 N.Y.S.2d 793 ; cf. People v. Sepe, 111 A.D.3d 75, 972 N.Y.S.2d 273 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., LEVENTHAL, ROMAN and HINDS–RADIX, JJ., concur.