People v Arthur

People v Arthur 2008 NY Slip Op 09188 [56 AD3d 361] November 20, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent,
v
Fabian Arthur, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered March 27, 2007, convicting defendant, after a nonjury trial, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The court's verdict, finding that defendant failed to meet his burden of establishing by a preponderance of the evidence that he had acted under the influence of extreme emotional disturbance (see Penal Law § 125.25 [1] [a]), was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations and its evaluation of conflicting expert testimony.

Defendant's ineffective assistance of counsel argument is without merit. Concur—Tom, J.P., Saxe, Sweeny, Catterson and DeGrasse, JJ.