People v. Pagan

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered July 6, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 23 years to life, unanimously affirmed.

The trial court was not obligated to charge the affirmative defense to murder in the second degree that defendant acted under the influence of extreme emotional disturbance (Penal Law § 125.25 [1] [a]), where the evidence at trial, in large part supplied by defendant’s confession, that defendant, a week before the murder, had warned the victim’s mother that the…