Opinion
2001-00878
Argued December 3, 2002.
December 16, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered January 11, 2001, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel), for respondent.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's charge on the justification defense was erroneous because it did not explain the subjective nature of "reasonably believes" in the second prong of the analysis is raised for the first time on appeal. Because the defendant neither objected nor excepted to the charge, and because he requested no supplemental instruction, the contention is unpreserved for appellate review (see People v. Enriquez, 266 A.D.2d 308; People v. Riley, 200 A.D.2d 692; People v. Udzinski, 146 A.D.2d 245). In any event, the charge conformed to the requirements set forth by the Court of Appeals in People v. Wesley ( 76 N.Y.2d 555, 559) and People v. Goetz ( 68 N.Y.2d 96, 114-115).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
SMITH, J.P., O'BRIEN, KRAUSMAN and RIVERA, JJ., concur.