Majority
—Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered March 13, 1992, 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.
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. The record establishes that the justification defense was disproved 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 [5]).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contentions are unpreserved for appellate review or without merit. Balletta, J. P., Ritter, Copertino and Goldstein, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 302
- People v. Suitte 90 AD2d 80 p. 302