Opinion
212
February 14, 2002.
Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered May 6, 1999, convicting defendant, after a jury trial, of manslaughter in the first degree, assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to consecutive terms of 12½ to 25 years and 7½ to 15 years and a concurrent term of 7½ to 15 years, unanimously affirmed.
ALLEN H. SAPERSTEIN, for respondent.
CYNTHIA FEATHERS, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Rubin, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. The evidence established, regardless of whether defendant was initially justified in using deadly physical force, such justification no longer existed when defendant shot his victims while they were unarmed and on the ground (see, People v. Grey, 282 A.D.2d 544; People v. Colecchia, 251 A.D.2d 5,lv denied 92 N.Y.2d 895; People v. Cox, 203 A.D.2d 7, lv denied 83 N.Y.2d 1003).
We perceive no basis for a reduction of sentence.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.