PEOPLE v. CLINTON

ORDERED that the judgment is affirmed.

The defendant's contentions that the evidence was legally insufficient to prove his guilt beyond a reasonable doubt and to disprove his defense of justification were not preserved for appellate review by his motion for a trial order of dismissal (see, CPL 470.05[2]; People v. Gray, 86 N.Y.2d 10, 20-21 ; People v. Vella, 247 A.D.2d 642 ; People v. Joseph, 243 A.D.2d 728 ; People v. Udzinski, 146 A.D.2d 245 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt and to disprove his justification defense beyond a reasonable doubt. 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]).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.