Opinion
November 19, 1997
(Appeal from Judgment of Erie County Court, McCarthy, J. — Assault, 2nd Degree.)
Present — Denman, P. J., Hayes, Callahan, Doerr and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05) and criminal possession of a weapon in the third degree (Penal Law § 265.02). We reject the contention of defendant that the People failed to disprove his justification defense beyond a reasonable doubt ( see, People v Goetz, 68 N.Y.2d 96, 114-115). In failing to raise the sufficiency of the instructions to the Grand Jury in his omnibus motion, defendant failed to preserve that issue for our review ( see, People v. Hill, 236 A.D.2d 799, lv denied 89 N.Y.2d 1036; People v. Moody, 220 A.D.2d 460). We have reviewed defendant's remaining contentions and conclude that they are without merit.