People v. Caban

—Judgment, Supreme Court, New York County (Rose Rubin, J.), rendered March 24, 1992, which convicted defendant, after a nonjury trial, of murder in the second degree, and sentenced him to a term of 20 years to life, unanimously affirmed.

Contrary to defendant’s contention, the verdict was not against the weight of the evidence. Defendant failed to prove, *288by a preponderance of the evidence, that he acted under the influence of extreme emotional disturbance. (Penal Law § 125.25 [1] [a]; see, People v White, 79 NY2d 900, 902-903.) In this regard, defendant’s pretrial confessions contradict his…