Opinion
November 10, 1997
Appeal from the Supreme Court, Queens County (Buchter, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by directing that all of the sentences for the defendant's convictions run concurrently with each other; as so modified, the judgment is affirmed.
The defendant's contention that the People failed to dispute the defense of justification is unpreserved for appellate review ( see, CPL 470.05; People v. Mantilla, 220 A.D.2d 691). 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 and to disprove the defense of justification 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).
The sentence was excessive to the extent indicated herein.
We have examined the defendant's remaining contentions and find them to be without merit.
Rosenblatt, J.P., Miller, Ritter and Krausman, JJ., concur.