Opinion
March 29, 2000.
Appeal from Judgment of Monroe County Court, Connell, J. — Murder, 2nd Degree.
PRESENT: GREEN, J. P., PINE, HAYES AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a bench trial of murder in the second degree ( Penal Law § 125.25 [1]) and sentencing him to an indeterminate term of incarceration of 20 years to life. We reject defendant's contention that the verdict is against the weight of the evidence on the issue of justification ( see, People v. Bleakley , 69 N.Y.2d 490, 495 ). Given the uncontroverted evidence that the victim was unarmed ( see, People v. Henry , 244 A.D.2d 424, 425, lv denied 91 N.Y.2d 874), County Court was entitled to reject the claim of defendant that he believed that the victim was reaching for a gun and that defendant consequently was in fear for his own life ( see, People v. White , 168 A.D.2d 962, 963, lv denied 77 N.Y.2d 968 ). The court thus was entitled to reject the claim that defendant reasonably believed it necessary to use deadly force to defend himself against the imminent use of deadly force by the victim ( see, People v. Firth , 244 A.D.2d 420, 420-421, lv denied 91 N.Y.2d 872; People v. Narine , 240 A.D.2d 763, lv denied 90 N.Y.2d 942).