People v. Rosado

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered March 20, 1986, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

We find unpersuasive the defendant’s argument that his affirmative defense of extreme emotional disturbance was established as a matter of law. The assertion of the defense *906raised an issue of fact. Although the evidence adduced at trial may well have indicated that the defendant met the…