Opinion
November 15, 1995
Appeal from the Erie County Court, McCarthy, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The trial court properly precluded evidence of a prior act of violence committed by the deceased victim. That evidence was not relevant to the justification defense because defendant did not know the victim and was not aware of the prior violent act (see, Matter of Robert S., 52 N.Y.2d 1046; People v Miller, 39 N.Y.2d 543, 551-552; People v Doczy, 210 A.D.2d 425, 426, lv denied 85 N.Y.2d 937; People v Brown, 170 A.D.2d 963). The verdict is supported by the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The notice served by the People pursuant to CPL 710.30, setting forth the sum and substance of defendant's oral statements, was in compliance with the statute (see, People v Lopez, 84 N.Y.2d 425, 428; People v Reed, 84 N.Y.2d 945, 947). The sentence is not unduly harsh or severe.