Opinion
June 15, 1993
Appeal from the Supreme Court, New York County (Franklin R. Weissberg, J.).
Contrary to defendant's argument on appeal, his guilt of murder in the second degree was proven by the People beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). Defendant failed to prove, by a preponderance of the evidence, that he acted herein under the influence of extreme emotional disturbance. Defendant's own testimony indicated that while at the time in question he had been estranged from the victim, his former wife, for some time, and had been experiencing business difficulties, these circumstances were not unusual; his explanation that he experienced "emotion" and "jealousy" at the mere sight of his former wife in the company of another man, did not provide a "reasonable explanation or excuse" for defendant's asserted mental state (People v. White, 79 N.Y.2d 900, 903).
We perceive no abuse of discretion in sentencing herein (People v. Farrar, 52 N.Y.2d 302).
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Ross, JJ.