
    The People of the State of New York, Respondent, v Todd Sinclair, Appellant.
    [13 NYS3d 905]
   -Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered February 4, 2013, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The jury’s determination that the defendant failed to prove by a preponderance of the evidence that he was acting under extreme emotional disturbance when he shot and killed the victim, who moments earlier had been in a car with the defendant’s girlfriend, was not against the weight of the evidence (see People v Steen, 107 AD3d 1608 [2013]; People v Reynart, 71 AD3d 1057 [2010]; People v Ludwigsen, 48 AD3d 484 [2008]; cf. People v Sepe, 111 AD3d 75 [2013]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Leventhal, Roman and Hinds-Radix, JJ., concur.  