People v. Acevedo

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 NY2d 70, 75 [2002]; People v White, 79 NY2d 900,…