| People v Garcia |
| 2011 NY Slip Op 08165 [89 AD3d 862] |
| November 9, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LuisGarcia, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz,and Karen Wigle Weiss of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.),rendered April 12, 2010, convicting him of assault in the second degree and criminal possession of aweapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecution failed to disprove his justification defense beyond areasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492[2008]; People v Gray, 86 NY2d 10, 19 [1995]; People v Acquista, 41 AD3d 491, 491-492 [2007]; People v Santos-Mispas, 38 AD3d923 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution(see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient todisprove the defendant's justification defense beyond a reasonable doubt (see Penal Law§ 35.15; People v Seals, 78AD3d 742 [2010]; People vStoney, 72 AD3d 708 [2010]).
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord greatdeference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor(see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004];People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). Rivera, J.P., Eng, Belen and Austin, JJ., concur.