Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Todd Sinclair, Appellant
131 A.D.3d 49213 N.Y.S.3d 905·New York Supreme Court, Appellate Division·2015·NY
Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Todd Sinclair, Appellant.
[13 NYS3d 905]
[MAJORITY]
-Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered February 4, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The jury’s determination that the defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance when he shot and killed the victim, who moments earlier had been in a car with the defendant’s girlfriend, was not against the weight of the evidence (see People v Steen, 107 AD3d 1608 [2013]; People v Reynart, 71 AD3d 1057 [2010]; People v Ludwigsen, 48 AD3d 484 [2008]; cf. People v Sepe, 111 AD3d 75 [2013]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.