People v. Drake

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of murder in the second degree and criminal possession of a weapon in the third degree following a jury trial, defendant argues that the verdict is against the weight of the evidence because he met his burden of establishing the defense of extreme emotional disturbance. We disagree. Whether the defense applies is largely discretionary (see, People v Casassa, 49 NY2d 668, 679-680, cert denied 449 US 842), and the jury was not required to accept defendant’s testimony. It was entitled to find that defendant…