Opinion
June 30, 1997
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to disprove the defense of justification is unpreserved for appellate review ( see, CPL 470.05; People v. Mantilla, 220 A.D.2d 691). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt and to disprove the defense of justification beyond a reasonable doubt. There was sufficient evidence presented at the trial to enable the jury to conclude that the defendant did not reasonably believe that the victim was about to use deadly physical force and that the defendant had an opportunity to retreat safely ( see, Penal Law § 35.15 [a]; People v. Goetz, 68 N.Y.2d 96; People v. Mantilla, supra). 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 was not denied the effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137).
O'Brien, J.P., Ritter, Goldstein and Luciano, JJ., concur.