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PEOPLE v. BUCKNER

Appellate Division of the Supreme Court of New York, Second Department.
Nov 14, 2005
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Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant's request for a jury charge on the affirmative defense of extreme emotional disturbance ( see Penal Law ยง 125.25 [a]). The defendant presented no psychiatric evidence, claimed that he was innocent, and submitted no evidence indicating that he was suffering from emotional distress ( see People v. Smith, 1 NY3d 610, 612; People v. Roche, 98 NY2d 70, 76; People v. White, 79 NY2d 900; People v. Harris, 109 AD2d 351, 362). Even when viewed in the light most favorable to the defendant, the evidence merely established that the defendant was angry or upset, but not that he had lost self-control ( see People v. Walker, 64 NY2d 741, 743; People v. McDonald, 199 AD2d 420). Thus, any finding by the jury that the defendant suffered from extreme emotional disturbance at the time of the killings would have been pure speculation ( see People v. Roche, supra at 76).