Judgment unanimously affirmed. Memorandum: The court did not err in denying defendant's motion to suppress his statements. Defendant claims that the People were required to adduce proof of his mental condition in order to permit the court to determine the issue of waiver. Defendant's contention must be rejected. Defendant had the burden of persuasion once the People established the legality of police conduct and defendant's waiver (People v. Love, 85 A.D.2d 799, affd 57 N.Y.2d 998). Defendant offered no evidence and thus did not meet that burden. Whether defendant acted under extreme emotional disturbance was an issue for the jury, and its rejection of the defense was not against the weight of evidence (People v. Casassa, 49 N.Y.2d 668, cert denied 449 U.S. 842). Finally, the sentence of 20 years to life was not harsh and excessive (see, People v. Farrar, 52 N.Y.2d 302).