PEOPLE v. JONES

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, arguing that the proof was legally insufficient to disprove the justification defense with respect to murder in the second degree. We disagree (see, People v Bleakley, 69 N.Y.2d 490, 495). There was ample evidence to disprove the defense, because regardless of who was the initial aggressor, defendant resorted to more force than necessary when he knew withdrawal was possible (see, People v. Reyes, 116 A.D.2d 602, lv denied 67 N.Y.2d 949; People v. Mungin, 106 A.D.2d 519).

We have examined defendant's remaining contentions on appeal and find them to be without merit.