Opinion
April 18, 1994
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in failing to instruct the jury on the defense of justification. However, the defense counsel never requested such a charge. Therefore, the issue is not preserved for appellate review. Under the facts and circumstances of this case, we decline to exercise our interest of justice jurisdiction to review the issue (see, People v Hodne, 197 A.D.2d 591; People v Edwards, 172 A.D.2d 556; People v Falco, 130 A.D.2d 762). Thompson, J.P., Copertino, Pizzuto and Santucci, JJ., concur.