| People v Ludwigsen |
| 2008 NY Slip Op 01173 [48 AD3d 484] |
| February 5, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Leonard Ludwigsen, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Shulamit Rosenblum,and Flora Tartakovsky of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.),rendered January 19, 2005, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the jury's rejection of his extreme emotional disturbancedefense was against the weight of the evidence is without merit (see Penal Law §125.25 [1] [a]; People v Azaz, 41AD3d 610 [2007]). Even had the jury found that the defendant was acting under theinfluence of extreme emotional disturbance at the time of the murder, it was entitled to reject hisproffered excuse for this emotional state as unreasonable and not warranting mitigation (seePeople v Yong Ho Han, 200 AD2d 780 [1994]).
The defendant's remaining contentions, raised in his supplemental pro se brief, are withoutmerit. Fisher, J.P., Lifson, Covello and McCarthy, JJ., concur.