Opinion
Argued October 3, 2000
October 30, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered March 12, 1998, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Ellen Dille of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: THOMAS R. SULLIVAN, J.P., SONDRA MILLER, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Ellis, 230 A.D.2d 751). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 62 0), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Holmes, 260 A.D.2d 942; People v. Nance, 175 A.D.2d 185; People v. Green, 143 A.D.2d 768).
The People disproved the defense of justification beyond a reasonable doubt (see, Penal Law § 25.00, 35.00). The jury could have concluded that the defendant did not reasonably believe that the decedents were attempting to use deadly physical force against him (see, Penal Law § 35.15).
The defendant's sentence is not excessive (see, People v. Medina, 120 A.D.2d 749; People v. Suitte, 90 A.D.2d 80). The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; People v. Bynum, supra; People v. Waters, 123 A.D.2d 798) or without merit.