Since defendant failed to establish by a preponderance of the evidence that he acted under the influence of extreme emotional disturbance (Penal Law § 125.25 [1] [a]), reduction of the murder count to manslaughter in the first degree (see, Penal Law § 125.20 [2]) is not warranted. Although the evidence showed that the victim insulted defendant, the resulting anger and embarrassment were not the type of emotions that are "equivalent to the loss of self-control...
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