People v. Thurston

—Appeal from a judgment of Onondaga County Court (Aloi, J.), entered February 1, 2000, convicting defendant after a jury trial of, inter alia, assault in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the fourth degree (§ 265.01 [2]), defendant contends that the evidence is legally insufficient to disprove his justification defense (§ 35.15). By presenting evidence after…