Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court erred in refusing to charge the jury on the affirmative defense of extreme emotional disturbance. Viewing the evidence in the light most favorable to defendant, we conclude that he failed to establish, by a preponderance of the evidence, that he had acted under the influence of extreme emotional disturbance or that there was a reasonable explanation or excuse for the purported emotional disturbance (see, People v. Walker, 64 N.Y.2d 741, 743; see also, People v. Casassa, 49 N.Y.2d 668, 678, cert denied 449 U.S. 842).
We also reject defendant's contention that the court erred in denying his motion to dismiss the indictment (see, People v Cade, 74 N.Y.2d 410).
We have examined defendant's other contention and find it to be without merit.