Opinion
September 30, 1997
Appeal from Judgment of Erie County Court, LaMendola, J.
Present — Green, J.P., Lawton, Hayes, Wisner and Boehm, JJ.
Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.06) and imposing an indeterminate term of incarceration of 2 to 7 years. We reject the contentions of defendant that the verdict is against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495) and that the People failed to disprove his justification defense beyond a reasonable doubt (see, People v. Goetz, 68 N.Y.2d 96, 114-116). We have reviewed defendant's remaining contentions and conclude that they are without merit.