Opinion
November 30, 1987
Appeal from the Supreme Court, Kings County (Grajales, J.).
Ordered that the judgment is affirmed.
We find unpersuasive the defendant's claim that the evidence adduced by the prosecution failed to disprove the defense of justification beyond a reasonable doubt (see, Penal Law § 35.15 [a]; § 25.00 [1]). The testimony of the prosecution witnesses and the evidence of the location, number and severity of the complainant's wounds strongly indicated that the defendant's act of repeatedly stabbing the complainant in the back was not reasonably justified by the circumstances and constituted an excessive use of deadly physical force. Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt, and that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's challenge to the imposition of a mandatory surcharge upon his conviction (see, Penal Law § 60.35) is premature at this juncture (see, People v. Bethea, 133 A.D.2d 836; People v. Williams, 131 A.D.2d 525; People v. Peralta, 127 A.D.2d 803; People v. West, 124 Misc.2d 622). Bracken, J.P., Brown, Weinstein and Spatt, JJ., concur.