Judgment unanimously affirmed.
Memorandum:
Defendant's claim that the defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]) violates due process guarantees has not been preserved for review. Were we to reach the merits, we would reject the claim. Defendant argues that because this "defense" is in the nature of a plea in mitigation, i.e., a plea of confession and avoidance, rather than a true defense, the effect of asserting a claim of...
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