People v. Bailon — 220 A.D.2d 676

Majority

p. 676

The People of the State of New York, Respondent, v Armando Bailon, Appellant.

[632 NYS2d 975]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 21, 1993, convicting him of criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to disprove the defense of justification beyond a reasonable doubt (see, e.g., People v Griffin, 207 AD2d 844 ; People v Ramsay, 199 AD2d 428 ). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

p. 677

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Balletta, J. P., Thompson, Ritter and Florio, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 676
People v. Griffin 207 AD2d 844 N.Y. App. Div. 1994-09-19 p. 676
People v. Ramsay 199 AD2d 428 N.Y. App. Div. 1993-12-20 p. 676
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 677