People v Sinclair, 2015 NY Slip Op 06443 [131 AD3d 492]

August 5, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Todd Sinclair, Appellant.

John R. Lewis, Sleepy Hollow, N.Y., for appellant.

David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered February 4, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The jury’s determination that the defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance when he shot and killed the victim, who moments earlier had been in a car with the defendant’s girlfriend, was not against the weight of the evidence ( see People v Steen , 107 AD3d 1608 [2013]; People v Reynart , 71 AD3d 1057 [2010]; People v Ludwigsen , 48 AD3d 484 [2008]; cf. People v Sepe , 111 AD3d 75 [2013]).

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur..