People v. Barnett

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v Lemaire, 187 AD2d 532; People v Udzinski, 146 AD2d 245, 248-252). In any event, the evidence adduced at trial amply supported a finding that the defendant was the initial aggressor in the incident, thus negating his justification defense (see, Penal Law § 35.15; People v Gopaul, 171 AD2d 754).

Viewing the evidence in a light most favorable to the…