Opinion
KA 03-02116.
September 22, 2006.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered August 8, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
RICHARD W. YOUNGMAN, CONFLICT DEFENDER, ROCHESTER (R. ADRIAN SOLOMON OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (KELLY C. WOLFORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25). We reject the contention of defendant that County Court erred in refusing to charge the jury on the defense of justification ( see § 35.15). "A trial court need not charge justification where no reasonable view of the evidence supports the elements of the defense" ( People v Miller, 217 AD2d 810, 811, lv denied 86 NY2d 798). Contrary to the further contention of defendant, we conclude that defense counsel afforded him meaningful representation ( see generally People v Satterfield, 66 NY2d 796, 799-800). Defendant failed to preserve for our review his contention that the evidence of intent is legally insufficient to support the conviction ( see People v Gray, 86 NY2d 10, 19). Finally, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495).