Defendant was properly convicted of murder in the second degree, since he failed to establish his extreme emotional disturbance defense by a preponderance of the evidence. Defendant's statement established that he acted out of anger, embarrassment and hurt because of the victim's having insulted and rejected him, and at the thought of her being with another man. This did not, under the circumstances of the case, provide a "reasonable explanation or excuse" (Penal Law §...
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