People v. Fardan

Judgment unanimously affirmed. Memorandum: This is an appeal from a judgment, upon a jury verdict, convicting defendant of murder in the second degree (depraved mind murder), criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the third degree, and burglary in the second degree. At trial, *1013the court charged extreme emotional disturbance as a defense to the count of intentional murder. The court properly declined to charge that defense to the count of depraved mind murder. That defense is applicable only to reduce the charge of intentional murder…