Opinion
June 11, 1998
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). The People disproved defendant's justification defense with credible evidence that, during a struggle with the decedent, defendant stabbed him in the chest causing his death. Issues of credibility, including whether the decedent attacked and attempted to kill defendant by choking her, were properly presented to the jury and we find no reason to disturb its determination. We have reviewed defendant's remaining arguments on this issue and find them to be without merit.
We perceive no abuse of sentencing discretion.
Concur — Milonas, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.