People v. Hetherington

—Judgment unanimously affirmed. Memorandum: Defendant was charged with intentional murder in the second degree (Penal Law § 125.25 [1]) and depraved indifference murder in the second degree (Penal Law § 125.25 [2]) for killing his estranged wife by shooting her in the back with a shotgun in the parking lot of a restaurant. At trial, defendant conceded that he shot and killed his wife, but raised the affirmative defense that he acted under the influence of extreme emotional disturbance (see, Penal Law § 125.25 [1] [a]) brought on by marital problems. A psychiatrist testified for the defense…