Opinion
May 30, 2000
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered June 23, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Before: O'Brien, J.P., McGinity, Luciano and Schmidt, JJ.
Ordered that the judgment is affirmed.
The defendant's arguments in support of his contention that the People failed to disprove his justification defense beyond a reasonable doubt are unpreserved for appellate review ( see, CPL 470.05; People v. Ellis, 230 A.D.2d 751). 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 was legally sufficient to disprove the justification defense and to establish the defendant's guilt 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).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.