Opinion
November 2, 1987
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the judgment is affirmed.
Our review of the record indicates that the evidence adduced at the trial was sufficient to disprove the defendant's justification defense beyond a reasonable doubt. The issue of justification came down to a question of credibility which the court obviously resolved in favor of the People (see, People v Resnick, 133 A.D.2d 237).
Under the circumstances of this case, where the defendant fatally stabbed an 18-year-old man, we find that the court did not abuse its discretion in refusing to adjudicate the defendant a youthful offender (see, People v. Belsito, 130 A.D.2d 583). Furthermore, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85-86).
The defendant's remaining contentions, that he was denied a fair trial due to the conduct of the prosecutor and Trial Judge, are either unpreserved for appellate review or without merit. Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.