Opinion
Submitted June 15, 2000
September 25, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered November 20, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Cheryl Charles-Duval, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to disprove his defense of justification is unpreserved for appellate review (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Wright, 236 A.D.2d 567, 568). 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. 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 defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review and is, in any event, without merit.