Opinion
1999-11704
September 27, 2004.
Before: Florio, J.P., S. Miller, Rivera and Lifson, JJ., concur.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered December 1, 1999, convicting him of murder in the second degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he did not establish, by a preponderance of the evidence, the affirmative defense of extreme emotional disturbance to the charge of murder in the second degree ( see Penal Law § 125.25 [a]; People v. Roche, 98 NY2d 70, 75; People v. Rodriguez, 6 AD3d 631).
The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).
The defendant's remaining contention is without merit.