The People of the State of New York, Respondent, v. Jean Alphonse Lambert, Appellant

The People of the State of New York, Respondent, v Jean Alphonse Lambert, Appellant. [708 NYS2d 887] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kings County (Griffin, J.), rendered June 12, 1997, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s contention that the People failed to disprove his justification defense by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Hayes, 248 AD2d 635). In any event, the jury’s finding that the defendant’s conduct was not justified is supported by legally sufficient evidence (see, People v Contes, 60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. O’Brien, J. P., Santucci, Thompson and Feuerstein, JJ., concur.