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PEOPLE v. PARRA

58 A.D.3d 479 (2009)

870 N.Y.S.2d 335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO PARRA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

January 13, 2009.

The verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant failed to prove by a preponderance of the evidence that he was acting under an extreme emotional disturbance (Penal Law § 125.25 [1] [a]) when he stabbed his estranged wife. The jury had an ample basis on which to reject the claim that defendant's discovery of the fact that his wife was living with another...

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