PEOPLE v. ALVAREZ (1998)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered June 16, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's claim that the People failed to disprove the defense of justification beyond a reasonable doubt is unpreserved for appellate review, since he did not move in the trial court for dismissal of the indictment on that ground (see, People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919;  People v. Ellis, 230 A.D.2d 751, 646 N.Y.S.2d 452).

 In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find, as we did on the codefendant's appeal (People v. Guerra, 236 A.D.2d 556, 654 N.Y.S.2d 642), that it was legally sufficient to disprove the justification defense and to establish the defendant's guilt beyond a reasonable doubt (see, People v. Ellis, supra;  People v. Arlequin, 214 A.D.2d 747, 625 N.Y.S.2d 613;  People v. Torres, 182 A.D.2d 788, 582 N.Y.S.2d 782;  People v. Scalise, 55 A.D.2d 992, 390 N.Y.S.2d 695).   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];  see also, People v. Walker, 214 A.D.2d 594, 625 N.Y.S.2d 62).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.