Opinion
March 10, 1998
Appeal from the Supreme Court, Bronx County (John Collins, J.).
Defendant failed to preserve his present contention that the evidence was legally insufficient to disprove his justification defense in that the People allegedly failed to prove that he used an "excessive" amount of deadly force and that death was caused by the "excessive" portion. Defendant likewise failed to preserve his related contention that the court should have specifically instructed the jury on those issues. We decline to review these claims in the interest of justice. Were we to review these claims, we would find them to be without merit because the evidence established that none of the 35 to 40 stab wounds inflicted upon the victim were justified (see, People v. Jones, 175 A.D.2d 294, lv denied 78 N.Y.2d 1012).
We perceive no abuse of discretion in sentencing.
Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.