People
v.
Burt

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 22, 2000
272 A.D.2d 551 (N.Y. App. Div. 2000)
272 A.D.2d 551708 N.Y.S.2d 895

Argued April 17, 2000.

May 22, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered June 17, 1997, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Judah Maltz, Kew Gardens, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Young C. Lee of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the People failed to disprove the defense of justification beyond a reasonable doubt is unpreserved for appellate review (see, CPL 47 0.05[2]; People v. Salmons, 210 A.D.2d 512). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to disprove the defense of justification beyond a reasonable doubt (see, Penal Law § 35.15). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

SANTUCCI, J.P., ALTMAN, KRAUSMAN and FEUERSTEIN, JJ., concur.