People v. Sinclair

Appellate Division of the Supreme Court of New York

People v. Sinclair

131 A.D.3d 492, 13 N.Y.S.3d 905

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 5, 2015

Docket2013-01611

StatusPublished

This text of 131 A.D.3d 492 (People v. Sinclair) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Sinclair, 131 A.D.3d 492, 13 N.Y.S.3d 905 (N.Y. Ct. App. 2015).

Pincite

Opinion

-Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered February 4, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The jury’s determination that the defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance when he shot and killed the victim, who moments earlier had been in a car with the defendant’s girlfriend, was not against the weight of the evidence (see People v Steen, 107 AD3d 1608 [2013]; People v Reynart, 71 AD3d 1057 [2010]; People v Ludwigsen, 48 AD3d 484 [2008]; cf. People v Sepe, 111 AD3d 75 [2013]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.

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