People v. Mungin

—Appeal by defendant from a judgment of the County Court, Suffolk County (Tanenbaum, J.), rendered April 22,1980, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

A review of the record clearly indicates that the defendant’s guilt was proven beyond a reasonable doubt. Moreover, no reasonable view of the evidence supports a defense of justification. While the decedent may have provoked the first altercation between the parties, it is undisputed that the defendant was the initial aggressor in the subsequent altercation which resulted in…