People v. Alvarez

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered June 16, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the People failed to disprove the defense of justification beyond a reasonable doubt is unpreserved for appellate review, since he did not move in the trial court for dismissal of the indictment on that ground (see, People v Gray, 86 NY2d 10; People v Ellis, 230 AD2d…