Opinion
March 23, 1987
Appeal from the Supreme Court, Queens County (Farlo, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish beyond a reasonable doubt that the defendant possessed the requisite intent to inflict serious bodily injury on the victim so as to support the conviction of manslaughter in the first degree. Furthermore, the defense of justification was adequately disproved by the People beyond a reasonable doubt, particularly in view of the uncontroverted evidence that the defendant stabbed his estranged wife 39 times.
Additionally, the defendant's contention that his sentence was excessive is without merit. The sentencing court properly considered all of the principles of sentencing, and in view of the especially brutal and violent nature of the stabbing of his wife committed by the defendant, there was no abuse of discretion (see, People v. Farrar, 52 N.Y.2d 302; People v. Semkus, 109 A.D.2d 902; People v. Suitte, 90 A.D.2d 80). Brown, J.P., Lawrence, Eiber and Sullivan, JJ., concur.