Opinion
January 13, 1986
Appeal from the County Court, Westchester County (Colabella, J.).
Judgment affirmed.
Defendant concedes in his brief that there is sufficient evidence in the record to support his conviction of manslaughter in the first degree. He argues, however, that his conviction on the two assault counts cannot be sustained because the People failed to disprove his defense of justification beyond a reasonable doubt. Viewing the evidence in the light most favorable to the People, however, as we must, we find that defendant's guilt of these counts was proven beyond a reasonable doubt (see, People v Malizia, 62 N.Y.2d 755, cert denied ___ US ___, 105 S Ct 327; People v Contes, 60 N.Y.2d 620). There is simply no reasonable view of the evidence that would support a defense of justification (see, People v Alston, 104 A.D.2d 653). Defendant's failure to retreat when he was able to do so, and the number of stab wounds sustained by both victims, negates the essential elements of the defense (see, Penal Law § 35.15 [a]; People v Doctor, 98 A.D.2d 780, 781; People v Alston, supra; People v Collice, 41 N.Y.2d 906, 907).
We have considered defendant's other contentions and find them to be either unpreserved or without merit. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.