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PEOPLE v. FERGUSON

243 A.D.2d 577 (1997)

665 N.Y.S.2d 512

The People of the State of New York, Respondent, v. Douglas Ferguson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 1997

Ordered that the judgment is affirmed.

Based upon the defendant's claim that the eyewitness produced by the prosecution was not credible, the defendant contends that the People did not disprove his defense of justification beyond a reasonable doubt. However, his contention is unpreserved for appellate review (see, People v Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the prosecution...

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