Opinion
No. 2004-07085.
March 27, 2007.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered July 30, 2004, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: Crane, J.P., Florio, Fisher and Dickerson, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that his justification defense was not disproven beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Johnson, 302 AD2d 539). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defense of justification and to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
The defendant's claim that the court considered improper factors in imposing sentence is also unpreserved for appellate review ( see CPL 470.05; People v Ponder, 1 AD3d 616 [2003]). In any event, the claim is without merit ( see People v Harrison, 188 AD2d 374, 375, affd 82 NY2d 693; see generally People v Notey, 72 AD2d 279, 282-283). The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).
The defendant's remaining contention is without merit.