PEOPLE v. CLARKE (2004)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered January 14, 2002, 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.

The defendant's contention that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05[2];  People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919;  People v. Manning, 8 A.D.3d 298, 777 N.Y.S.2d 671;  People v. Littlejohn, 307 A.D.2d 976, 762 N.Y.S.2d 921).   In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932;  People v. Florival, 262 A.D.2d 499, 691 N.Y.S.2d 327), we find that it was legally sufficient to establish the elements of murder in the second degree and criminal possession of a weapon in the second degree and to disprove the defense of justification beyond a reasonable doubt (see People v. Manning, supra;  People v. Henry, 244 A.D.2d 424, 664 N.Y.S.2d 315;  People v. Lemaire, 187 A.D.2d 532, 589 N.Y.S.2d 919).   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] ).