Opinion
April 21, 1986
Appeal from the Supreme Court, Kings County (Kooper, J.).
Judgment affirmed.
The record indicates that the People met their burden of disproving the defendant's justification defense beyond a reasonable doubt (see, People v. Reed, 40 N.Y.2d 204). There was a view of the evidence from which the fact finder could conclude that it was the defendant who was the initial aggressor and that he did not fire his gun in self-defense (see, Penal Law § 35.15 [b]).
The trial court did not err by allowing the defendant's intended victim to testify about a robbery committed by the defendant which occurred approximately two weeks prior to the incident in question, because the testimony was probative of the defendant's motive and intent to shoot the victim (see, People v Molineux, 168 N.Y. 264, 293; People v. Smalls, 94 A.D.2d 777).
Under the circumstances of this case, the defendant's sentence was not excessive. The defendant's remaining contention is unpreserved (see, People v. Ford, 62 N.Y.2d 275; People v Weissinger, 104 A.D.2d 917), and, in any event, without merit. Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.