People v. Paige

269 A.D.2d 325, 703 N.Y.S.2d 720, 2000 N.Y. App. Div. LEXIS 2222

Opinion

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 8, 1997, convicting defendant, after a non-jury trial, of manslaughter in the second degree, and sentencing him to a term of 33/4 to IIV4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved beyond a reasonable doubt defendant’s justification defense, since the evidence amply established that defendant could not have “reasonably believe [d]” that deadly physical force was necessary “to prevent or terminate the commission or attempted commission of [a] burglary” (Penal Law § 35.20 [3]). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andrias, JJ.