People v Colin Edwards

People v Edwards 2006 NY Slip Op 03794 [29 AD3d 710] May 9, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

The People of the State of New York, Respondent,
v
Colin Edwards, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered January 16, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The jury determination that the defendant failed to prove by a preponderance of the evidence that he was acting "under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse" when he stabbed and killed his wife was not against the weight of the evidence (Penal Law § 125.25 [1] [a]; see Penal Law § 125.20 [2]; People v Roche, 98 NY2d 70, 75-76 [2002]; People v Casassa, 49 NY2d 668, 675 [1980], cert denied 449 US 842 [1980]; People v George, 7 AD3d 810 [2004]).

The defendant's remaining contentions, including those raised in the supplemental pro se brief, are without merit. Miller, J.P., Santucci, Rivera and Lifson, JJ., concur.