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People v. Venezia

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 2004
10 A.D.3d 736 (N.Y. App. Div. 2004)

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.


Summaries of

People v. Venezia

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 2004
10 A.D.3d 736 (N.Y. App. Div. 2004)
Case details for

People v. Venezia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT NICHOLAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 27, 2004

Citations

10 A.D.3d 736 (N.Y. App. Div. 2004)
781 N.Y.S.2d 914

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