Opinion
February 3, 1995
Appeal from the Erie County Court, McCarthy, J.
Present — Pine, J.P., Fallon, Wesley, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of murder in the second degree and two counts of criminal possession of a weapon in the third degree following a bench trial. Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The evidence, viewed in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), supports County Court's rejection of defendant's affirmative defense of extreme emotional disturbance. We reject the contention that defendant's sentence is unduly harsh or severe.