Opinion
April 27, 1987
Appeal from the Supreme Court, Kings County (Leone, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to disprove the defense of justification beyond a reasonable doubt. At bar, the defendant testified that he believed that deadly physical force was necessary to repel an attack against a third person. The jury's determination that the defendant's actions were not reasonable was supported by the credible evidence, and we find no basis to disturb that finding (see, People v Rosado, 123 A.D.2d 649; see also, People v Goetz, 68 N.Y.2d 96).
Some of the remarks made by the prosecutor during summation are claimed by the defendant, on appeal, to have been prejudicial. However, certain of these remarks were not objected to at trial and therefore were not preserved for appellate review (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467). In any event, the prosecutor's remarks, which were not objected to, may be considered fair comment on the evidence. Further, as to those remarks which were objected to, the defendant's contention that he was deprived of a fair trial thereby lacks merit.
Finally, we find no basis to disturb the sentence imposed. Lawrence, J.P., Weinstein, Kunzeman and Kooper, JJ., concur.