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PEOPLE v. RODRIGUEZ

6 A.D.3d 631 (2004)

774 N.Y.S.2d 800

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVONNE RODRIGUEZ, Appellant.

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

April 19, 2004.

Ordered that the judgment is affirmed.

We reject the defendant's contention that he established, by a preponderance of the evidence, the affirmative defense of extreme emotional disturbance to the charge of murder in the second degree (see Penal Law § 125.25 [1] [a]; People v Roche, 98 N.Y.2d 70, 75 [2002]). The defendant presented no evidence that he suffered from a mental infirmity not rising to the level of...

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