People v. Spencer

2 A.D.3d 545, 767 N.Y.S.2d 878

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J), rendered June 21, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to disprove the defendant’s defense of justification beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). S. Miller, J.P., Goldstein, Adams and Crane, JJ., concur.