People v Ludwigsen
2008 NY Slip Op 01173 [48 AD3d 484]
February 5, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


The People of the State of New York, Respondent,
v
Leonard Ludwigsen, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Shulamit Rosenblum, and Flora Tartakovsky of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 19, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the jury's rejection of his extreme emotional disturbance defense was against the weight of the evidence is without merit (see Penal Law § 125.25 [1] [a]; People v Azaz, 41 AD3d 610 [2007]). Even had the jury found that the defendant was acting under the influence of extreme emotional disturbance at the time of the murder, it was entitled to reject his proffered excuse for this emotional state as unreasonable and not warranting mitigation (see People v Yong Ho Han, 200 AD2d 780 [1994]).

The defendant's remaining contentions, raised in his supplemental pro se brief, are without merit. Fisher, J.P., Lifson, Covello and McCarthy, JJ., concur.