Opinion
June 6, 1995
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of assault in the third degree was proven beyond a reasonable doubt. Furthermore, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). The evidence also established that the justification defense was disproved beyond a reasonable doubt. In this regard, the court's determinations regarding credibility and the proffered defense were supported by the record.
Concur — Sullivan, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.