PEOPLE v. EMILIANO

Ordered that the judgment is affirmed.

The record supports the hearing court's finding that the defendant effectively waived her Miranda rights ( see, People v. Prochilo, 41 N.Y.2d 759).

Because the defendant failed to request that the court charge the jury on manslaughter in the first degree as a lesser-included offense of murder in the second degree, based on the affirmative defense of extreme emotional disturbance ( see, Penal Law § 125.25 [a]), the court's failure to so charge did not constitute error ( see, CPL 300.50; People v. Goros, 224 A.D.2d 444; People v. Feris, 144 A.D.2d 691).

The defendant's remaining contentions are without merit.

Bracken, J.P., Sullivan, Santucci and Luciano, JJ., concur.