Opinion
04-08-2015
The PEOPLE, etc., respondent, v. Jean SIMON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Patricia Pazner of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Patricia Pazner of counsel), for appellant.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered December 18, 2012, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied his request to charge the jury on the affirmative defense of extreme emotional disturbance (see People v. Roche, 98 N.Y.2d 70, 75, 745 N.Y.S.2d 775, 772 N.E.2d 1133 ). In particular, the evidence did not “demonstrate, first, that he ... acted under the influence of an extreme emotional disturbance and, second, that there was a reasonable explanation or excuse for that disturbance” (People v. Roche, 98 N.Y.2d at 76, 745 N.Y.S.2d 775, 772 N.E.2d 1133 ; see People v. Piquion, 283 A.D.2d 233, 726 N.Y.S.2d 14 ; cf. People v. Sepe, 111 A.D.3d 75, 972 N.Y.S.2d 273 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., DILLON, HALL and MILLER, JJ., concur.