People v. Volious

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). We reject the *872contention of defendant that the People failed to disprove his justification defense beyond a reasonable doubt (see, People v Goetz, 68 NY2d 96, 114-115). In failing to raise the sufficiency of the instructions to the Grand Jury in his omnibus motion, defendant failed to preserve that issue for our review (see, People v Hill, 236 AD2d 799, lv denied…