Opinion
2001-05786.
Decided December 8, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered June 21, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, (Leonard Joblove, Anthea H. Bruffee, and Heather Eve Abelson of counsel), for respondent.
Before: THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to disprove the defendant's defense of justification beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.