Opinion
January 6, 1994
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
Defendant and the deceased had an altercation in the apartment in which defendant and his 86 year old father resided. The evidence overwhelmingly established defendant's intent to kill the victim. In view of the nature and multiplicity of the wounds (see, e.g., People v. Suarez, 160 A.D.2d 468, lv denied 76 N.Y.2d 796), defendant's own lack of serious injuries, the inconsistencies in defendant's own statements, and other evidence, the justification defense was disproved beyond a reasonable doubt.
We find no abuse of discretion in the court's ruling precluding defendant from eliciting evidence regarding the victim's alleged service in Vietnam (see generally, People v. Miller, 39 N.Y.2d 543). Finally, we find no error in the court's justification instruction.
Concur — Sullivan, J.P., Rosenberger, Ellerin and Rubin, JJ.