People v. Venezia

Appellate Division of the Supreme Court of New York

People v. Venezia

10 A.D.3d 736, 781 N.Y.S.2d 914, 2004 N.Y. App. Div. LEXIS 11058

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

DecidedSeptember 27, 2004

StatusPublished

Cited by1 cases

This text of 10 A.D.3d 736 (People v. Venezia) 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. Venezia, 10 A.D.3d 736, 781 N.Y.S.2d 914, 2004 N.Y. App. Div. LEXIS 11058 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered December 1, 1999, convicting him of murder in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he did not establish, by a preponderance of the evidence, the affirmative defense of extreme emotional disturbance to the charge of murder in the second degree (see Penal Law § 125.25 [1] [a]; People v Roche, 98 NY2d 70, 75 [2002]; People v Rodriguez, 6 AD3d 631 [2004]).

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

The defendant’s remaining contention is without merit. Florio, J.P., S. Miller, Rivera and Lifson, JJ., concur.

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