People v. Spaich

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [1]) and other crimes. Defendant, who was 17 years old at the time of this incident, admitted to the police that he stabbed his 50-year-old neighbor with a hunting knife after the victim made homosexual advances toward him. At trial, defendant raised the affirmative defense that he acted under the influence of extreme emotional disturbance (see, Penal Law § 125.25 [1] [a]).

There is no merit to the contention of defendant that he…