Opinion
Argued September 29, 2000
October 30, 2000.
SULLIVAN, J.P., S. MILLER, H. MILLER AND SMITH, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered July 26, 1995, convicting him of murder in the second degree, criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the failure of defense counsel to present a defense of extreme emotional disturbance did not constitute ineffective assistance of counsel (see, People v. Benevento, 91 N.Y.2d 708; People V. Feris, 144 A.D.2d 691; People v. Knights, 109 A.D.2d 910).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).