People v. Toney — 272 A.D.2d 631

Majority

p. 631

The People of the State of New York, Respondent, v Devon Toney, Appellant.

[709 NYS2d 426]

—Appeal by the de

p. 632

fendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered June 23, 1997, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments in support of his contention that the People failed to disprove his justification defense beyond a reasonable doubt are unpreserved for appellate review (see, CPL 470.05 [2]; People v Ellis, 230 AD2d 751 ). In any event, 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 justification defense and to establish the defendant’s guilt 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 either unpreserved for appellate review or without merit. O’Brien, J. P., McGinity, Luciano and Schmidt, JJ., concur.

Cases cited

People v. Ellis 230 AD2d 751 N.Y. App. Div. 1996-08-05 p. 632
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 632
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 632