Opinion
November 23, 1987
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the judgment is affirmed.
The defendant's contentions that the evidence was legally insufficient and that the People did not prove his guilt, and did not disprove his justification defense, beyond a reasonable doubt, are without merit. The evidence, viewed in the light most favorable to the People (see, People v. Kennedy, 47 N.Y.2d 196, 203, rearg dismissed 48 N.Y.2d 635, 656), established that the defendant stabbed to death an unarmed man on a public street and had threatened to kill him prior to the stabbing. The evidence was sufficient as a matter of law to support the conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v. Barnes, 50 N.Y.2d 375; People v. Rumble, 45 N.Y.2d 879; People v. Gordon, 131 A.D.2d 588; Penal Law § 35.15). Moreover, 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).
We have reviewed the defendant's additional claims and find them either not properly preserved for appellate review (CPL 470.05) or without merit. Niehoff, J.P., Weinstein, Eiber and Harwood, JJ., concur.