Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered March 14, 1995, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Cuba, 154 AD2d 703 , 704), including disproving his defense of justification beyond a reasonable doubt (see, People v McManus, 67 NY2d 541 , 543; People v Cosby, 200 AD2d 682 , 683). 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 (CPL 470.15 [5]).
The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]), and in any event, is without merit. Sullivan, J. P., Pizzuto, Santucci and Hart, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 740
- People v. Cuba 154 AD2d 703 at 704 p. 740
- People v. McManus 67 NY2d 541 at 543 p. 740
- People v. Cosby 200 AD2d 682 at 683 p. 740