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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON SANTOS-MISPAS, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that his justification defense was not disproven beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Johnson, 302 AD2d 539). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defense of justification and to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The defendant's claim that the court considered improper factors in imposing sentence is also unpreserved for appellate review ( see CPL 470.05; People v Ponder, 1 AD3d 616 [2003]). In any event, the claim is without merit ( see People v Harrison, 188 AD2d 374, 375, affd 82 NY2d 693; see generally People v Notey, 72 AD2d 279, 282-283). The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.

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PEOPLE v. SANTOS-MISPAS
(Mar 27, 2007)