PEOPLE v. CENTENO

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant's justification defense beyond a reasonable doubt. The evidence established, regardless of whether defendant was initially justified in using deadly physical force, such justification no longer existed when defendant shot his victims while they were unarmed and on the ground (see, People v. Grey, 282 A.D.2d 544; People v. Colecchia, 251 A.D.2d 5,lv denied 92 N.Y.2d 895; People v. Cox, 203 A.D.2d 7, lv denied 83 N.Y.2d 1003).

We perceive no basis for a reduction of sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.