Opinion
February 1, 1991
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Callahan, J.P., Doerr, Boomer, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: We find no merit to defendant's contention that the People failed to disprove his justification defense beyond a reasonable doubt (see, Penal Law § 35.15 [a]; People v Goetz, 68 N.Y.2d 96, 114-115). Based on the proof with respect to each victim, the jury was permitted to find that defendant was not entitled to use deadly force against either (see, People v Troche, 147 A.D.2d 513, 514, lv denied 73 N.Y.2d 1022).
We have examined defendant's remaining contentions and likewise find them lacking in merit.