Opinion
2002-00850
October 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 14, 2002, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Before: Ritter, J.P., H. Miller, Goldstein and Skelos, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10; People v. Manning, 8 AD3d 298; People v. Littlejohn, 307 AD2d 976). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620; People v. Florival, 262 AD2d 499), we find that it was legally sufficient to establish the elements of murder in the second degree and criminal possession of a weapon in the second degree and to disprove the defense of justification beyond a reasonable doubt ( see People v. Manning, supra; People v. Henry, 244 AD2d 424; People v. Lemaire, 187 AD2d 532). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).