Opinion
February 14, 1994
Appeal from the County Court, Westchester County (Colabella, J.).
Ordered that the judgment is affirmed.
The defendant confessed that he hired a codefendant to kill his wife, as a result of which she died from multiple stab wounds. On appeal, the defendant contends that the trial court failed to adequately define the term "preponderance" in charging the jury that the defendant must establish the affirmative defense of extreme emotional disturbance by a preponderance of the evidence. This issue is unpreserved for appellate review (see, CPL 470.05; People v. Thomas, 50 N.Y.2d 467). In any event, we find that the charge, read as a whole, adequately apprised the jury of the applicable legal principles (see, e.g., People v. Dory, 59 N.Y.2d 121, 129; People v. Calderon, 182 A.D.2d 770; People v Dengler, 109 A.D.2d 847).
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, are either without merit or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230). Thompson, J.P., O'Brien, Joy and Altman, JJ., concur.