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), and, in any event, is without merit. 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 beyond a reasonable doubt that the defendant assaulted the complainant without reason to believe that the complainant was about to use force against him (see, People v Alvarez, 201 A.D.2d 487; People v Ortiz, 180 A.D.2d 653). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's contention that his sentence was harsh and excessive is without merit, because affliction with the HIV virus, standing alone, does not warrant reduction of an otherwise appropriate sentence (see, People v Alvira, 209 A.D.2d 628; People v King, 184 A.D.2d 782; People v Perez, 181 A.D.2d 922). O'Brien, J.P., Hart, Goldstein and Florio, JJ., concur.