| People v Bianco |
| 2008 NY Slip Op 04716 [51 AD3d 940] |
| May 20, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JasonBianco, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anne C. Feigus, andTerry-Ann Llewellyn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers,J.), rendered September 8, 2005, convicting him of manslaughter in the first degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to disprove hisjustification defense is not preserved for appellate review (see People v Gray, 86 NY2d10 [1995]; People v Boyle, 289 AD2d 251, 251-252 [2001]). In any event, viewing theevidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d620, 621 [1983]), we find that it was legally sufficient to establish that the defendant caused thevictim's death by shooting him six times, without reason to believe that the victim, who wasunarmed and fleeing, was about to use deadly physical force against him (see People v Chung, 39 AD3d 558[2007]; People v Thompson, 212 AD2d 647 [1995]; People v Griffin, 207 AD2d844 [1994]; People v Candelaria, 206 AD2d 385, 385-386 [1994]; People v Lemaire,187 AD2d 532, 533 [1992]).
Upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfiedthat the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633, 644 [2006]; People v Douglas,17 AD3d 380, 381 [2005]; People v Rishton, 303 AD2d 692, 692-693 [2003]).
The sentence imposed was not excessive (see People v Holmes, 12 AD3d 532 [2004]; People v Suitte,90 AD2d 80 [1982]). Skelos, J.P., Santucci, Balkin and Eng, JJ., concur.