Opinion
June 30, 1997
Appeal from the Supreme Court, Kings County (Lott, J.).
Ordered that the judgment is affirmed.
The evidence adduced at trial established that after spending several hours gambling in the back room of a bodega, the unarmed victim announced an intention to kill the defendant by the end of that year. Thereupon, the defendant produced a gun from his waistband, told the deceased, "You go first", and fired three shots at him, two into his back, and fled. Contrary to the defendant's contention, the deceased's threat was not a "reasonable explanation or excuse" ( People v. Casassa, 49 N.Y.2d 668, 679) for the shooting so as to warrant a charge on the affirmative defense of extreme emotional disturbance ( see, People v. Moye, 66 N.Y.2d 887; People v. Henriquez, 233 A.D.2d 268).
The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.