People v. Tabarez

*665OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The People did not argue in opposition to defendant’s request for a charge on extreme emotional disturbance that such a defense is inapplicable to attempted murder and, therefore, have not preserved the issue for review (People v Villani, 59 NY2d 781, 783-784).

The sufficiency of the evidence to present a jury question concerning whether defendant was acting under the influence of extreme emotional disturbance (Penal Law § 125.27 [2] [a]) and whether there was a reasonable explanation or excuse for such…