Majority
p. 434The People of the State of New York, Respondent, v Sixto Bello, Appellant. [657 NYS2d 347]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered May 11, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The jury was free to reject the defendant’s affirmative defense of extreme emotional disturbance (see, People v Maher, 89 NY2d 456 ; People v Ayala, 221 AD2d 457 ; People v David, 143 AD2d 1031 ; see also, People v Casassa, 49 NY2d 668 , cert denied 449 US 842 ).
The defendant’s remaining contentions are without merit. Miller, J. P., Sullivan, Santucci and Joy, JJ., concur.
Cases cited
- People v. Maher 89 NY2d 456 p. 434
- People v. Ayala 221 AD2d 457 p. 434
- People v. David 143 AD2d 1031 p. 434
- People v. Casassa 49 NY2d 668 p. 434