Ordered that the judgment is affirmed.
We agree with the Supreme Court's denial of the defendant's request for a jury charge on the affirmative defense of extreme emotional disturbance (see Penal Law § 125.25 [1] [a]). The evidence, viewed in the light most favorable to the defendant, was insufficient for the jury to find, by a preponderance of the evidence, that the defendant acted under the influence of an extreme emotional disturbance when he shot and...
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