People v. Toney
Opinion of the Court
—Appeal by the de
Ordered that the judgment is affirmed.
The defendant’s arguments in support of his contention that the People failed to disprove his justification defense beyond a reasonable doubt are unpreserved for appellate review (see, CPL 470.05 [2]; People v Ellis, 230 AD2d 751). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to disprove the justification defense and to establish the defendant’s guilt 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]).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., McGinity, Luciano and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.