Opinion
Argued April 10, 2000.
May 22, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Griffin, J.), rendered June 12, 1997, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Camilla B. Taylor of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), and Gary F. Giampetruzzi, New York, N.Y., for respondent (one brief filed).
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to disprove his justification defense by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Hayes, 248 A.D.2d 635). In any event, the jury's finding that the defendant's conduct was not justified is supported by legally sufficient evidence (see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
O'BRIEN, J.P., SANTUCCI, THOMPSON and FEUERSTEIN, JJ., concur.