Opinion
2298
November 21, 2002.
Judgment, Supreme Court, New York County (Michael Obus, J.), rendered March 16, 2001, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
MATTHEW J. GALLUZZO, for respondent.
WILLIAM A. LOEB, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Marlow, JJ.
Whether viewed in the context of statutory or constitutional law, the court properly declined to submit to the jury the defense of extreme emotional disturbance. Viewing the evidence in a light most favorable to defendant, we find no basis for such a charge, because the evidence established that the killing of the victim was a carefully planned and premeditated assassination, during which defendant was in full command of his faculties and showed no loss of self-control (see People v. Harris, 95 N.Y.2d 316, 319; People v. Walker, 64 N.Y.2d 741, 743). Defendant's explanation for the murder suggested, at most, the defense of duress, which was submitted by the court and rejected by the jury.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.