People v. Piquion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered October 29, 1997, convicting defendant, after a nonjury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant failed to prove by a preponderance of the evidence that he was acting under an extreme emotional disturbance when he stabbed his estranged wife 38 times and then attempted suicide (Penal Law § 125.25 [1] [a]; People v White, 79 NY2d 900; People v…