Opinion
2000-01246
Argued September 9, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered January 5, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the People adduced legally sufficient evidence to disprove his justification defense beyond a reasonable doubt (see Penal Law § 35.15[a]; People v. Contes, 60 N.Y.2d 620). Moreover, the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
RITTER, J.P., KRAUSMAN, McGINITY and LUCIANO, JJ., concur.