Opinion
Submitted December 9, 1999
February 3, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered July 14, 1997, convicting him of manslaughter in the first degree, criminal possession of a weapon in the third degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Judah Maltz, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Kristine M. Zaleskas of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt and to disprove his defense of justification were not preserved for appellate review by his motion for a trial order of dismissal (see, CPL 470.05[2]; People v. Gray, 86 N.Y.2d 10, 20-21 ; People v. Vella, 247 A.D.2d 642 ; People v. Joseph, 243 A.D.2d 728 ; People v. Udzinski, 146 A.D.2d 245 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant' s guilt beyond a reasonable doubt and to disprove his justification defense beyond a reasonable doubt. 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[5]).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.