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People v. Alvarez

255 A.D.2d 387 Court N.Y. App. Div. Decision date 1998-11-09 English

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p. 387
The People of the State of New York, Respondent, v George Alvarez, Appellant.
[681 NYS2d 49]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered June 16, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the People failed to disprove the defense of justification beyond a reasonable doubt is unpreserved for appellate review, since he did not move in the trial court for dismissal of the indictment on that ground (see, People v Gray, 86 NY2d 10 ; People v Ellis, 230 AD2d 751 ).

p. 388
In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find, as we did on the codefendant’s appeal (People v Guerra, 236 AD2d 556 ), that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt beyond a reasonable doubt (see, People v Ellis, supra; People v Arlequin, 214 AD2d 747 ; People v Torres, 182 AD2d 788 ; People v Scalise, 55 AD2d 992 ). 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]; see also, People v Walker, 214 AD2d 594 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J. P., Ritter, Copertino and McGinity, JJ., concur.

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