Opinion
February 29, 2000
Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 8, 1997, convicting defendant, after a non-jury trial, of manslaughter in the second degree, and sentencing him to a term of 3 3/4 to 11 1/4 years, unanimously affirmed.
Shelly A.R. Chichester, for Respondent.
Lorca Morello, for Defendant-Appellant.
ROSENBERGER, J.P., MAZZARELLI, ELLERIN, RUBIN, ANDRIAS, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved beyond a reasonable doubt defendant's justification defense, since the evidence amply established that defendant could not have "reasonably believe[d]" that deadly physical force was necessary "to prevent or terminate the commission or attempted commission of [a] burglary" ( Penal Law § 35.20[3]).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.