People v. Spells

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered June 1, 2005, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecution failed to disprove his justification defense by legally sufficient evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]; People v Smiley, 303 AD2d 425 [2003]; People v Nery, 243 AD2d 585 [1997]; People v…