People v. Manzella

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The verdict is not against the weight of the evidence. Defendant failed to sustain his burden of proof on the affirmative defense of extreme emotional disturbance. "The defense requires proof of both a subjective element (that defendant did in fact act under the influence of extreme emotional disturbance) and an objective element (that there was a reasonable explanation or excuse for the emotional disturbance)” (People v Moye, 66 NY2d 887, 890). The proof was overwhelming that…