People v. Whitfield

—Judgment unanimously affirmed. Memorandum: The verdict finding defendant guilty of murder in the second degree (Penal Law § 125.25 [2]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). At trial, defendant did not deny stabbing the victim but relied upon the defense of justification. The key question for the jury was whether defendant believed the victim was about to use deadly force against him and, if so, whether that belief was reasonable (see, People v Goetz, 68 NY2d 96; People v Comfort, 113 AD2d 430). Based upon the evidence that defendant did not…