272 A.D.2d 551 708 N.Y.S.2d 895

The People of the State of New York, Respondent, v Airen Burt, Appellant.

[708 NYS2d 895]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered June 17, 1997, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to disprove the defense of justification beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Salmons, 210 AD2d 512). 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 defense of justification beyond a reasonable doubt (see, Penal Law § 35.15). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict 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. Santucci, J. P., Altman, Krausman and Feuerstein, JJ., concur.

People v. Burt
272 A.D.2d 551 708 N.Y.S.2d 895

Case Details

Name
People v. Burt
Decision Date
May 22, 2000
Citations

272 A.D.2d 551

708 N.Y.S.2d 895

Jurisdiction
New York

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