PEOPLE v. ACEVEDO (2008)

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered July 5, 2007, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years, unanimously affirmed.

The court properly declined to submit to the jury the affirmative defense of extreme emotional disturbance.   There was insufficient evidence, viewed in a light most favorable to defendant, from which the jury could find, by a preponderance of the evidence, that the elements of that defense were satisfied (see People v. Roche, 98 N.Y.2d 70, 75, 745 N.Y.S.2d 775, 772 N.E.2d 1133 [2002];  People v. White, 79 N.Y.2d 900, 903, 581 N.Y.S.2d 651, 590 N.E.2d 236 [1992] ).   On the contrary, the evidence failed to establish that defendant had any reasonable excuse or explanation for his actions, which evince the planned and deliberate character of the attack;  nor did the evidence show that defendant was actually influenced by an emotional disturbance at the time of the stabbing (White, 79 N.Y.2d at 903, 581 N.Y.S.2d 651, 590 N.E.2d 236).   Furthermore, defendant's post-crime conduct did not suggest extreme emotional distress, but instead suggested that he was in full command of his faculties and had consciousness of guilt (see e.g. People v. Henriquez, 233 A.D.2d 268, 650 N.Y.S.2d 138 [1996], lv. denied 89 N.Y.2d 942, 655 N.Y.S.2d 893, 678 N.E.2d 506 [1997] ).

We perceive no basis for reducing the sentence.