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THE PEOPLE, etc., respondent, v. KIM BROWN, appellant. (Ind. No. 1393/94)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish her guilt of intentional murder in the second degree is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

Since the defendant specifically waived the right to a charge of extreme emotional disturbance, the court's failure to so charge did not constitute error ( see, People v. Petrovich, 87 N.Y.2d 961; People v. Feris, 144 A.D.2d 691).

The defendant's sentence is not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in her supplemental pro se brief, are without merit.

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PEOPLE v. BROWN
(Jun 21, 1999)