Opinion
October 5, 1998
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).
On this record, the trial court, acting as finder of fact, was free to reject the defendant's affirmative defense of extreme emotional disturbance ( see, People v. Maher, 89 N.Y.2d 456; People v. Ayala, 221 A.D.2d 457; People v. David, 143 A.D.2d 1031; see also, People v. Casassa, 49 N.Y.2d 668, cert denied 449 U.S. 842).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.