Opinion
October 2, 1986
Appeal from the Supreme Court, Kings County (Morton, J.).
Judgment affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v Nettles, 118 A.D.2d 875), the defendant's contention that her defense of justification was not disproved beyond a reasonable doubt is incorrect. The altercation between the defendant's paramour, Jose Ruiz, and Ricardo Russell, the decedent, was characterized as a "regular fist fight". Ruiz had not suffered any serious injuries, the knife which Russell had during the early part of the fight had been tossed to the ground, and there was no evidence that Russell was armed when the defendant stabbed him in the back. Therefore, the jury properly rejected the defendant's claim that she reasonably believed that the use of deadly force against Ruiz was imminent (see, People v Goetz, 68 N.Y.2d 96).
The defendant's remaining contention is unpreserved for appellate review. Lazer, J.P., Mangano, Lawrence and Kooper, JJ., concur.