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PEOPLE v. LEWIS

284 A.D.2d 553 (2001)

727 N.Y.S.2d 625

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LEWIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 25, 2001.

Ordered that the judgment is affirmed.

The defendant contends that the jury verdict finding him guilty of murder in the second degree was against the weight of the evidence. However, upon the exercise of our factual review power (see, CPL 470.15 [5]), we find that the weight of the evidence established that the defendant did not act under an extreme emotional disturbance and, accordingly, the conviction of murder...

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