Opinion
July 15, 1991
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, we find that the People disproved his justification defense beyond a reasonable doubt. It is well settled that justification is not a defense to the use of deadly physical force unless the actor reasonably believes that another person is using or is about to use deadly physical force against him and he is not able to retreat with complete safety (Penal Law § 35.15 [a]; see, People v Goetz, 68 N.Y.2d 96, 105-107; People v McManus, 67 N.Y.2d 541, 545-547; People v Light, 170 A.D.2d 416; People v Fousse, 167 A.D.2d 416). Although the defendant shot the victim after the victim first fired several shots into the ground, the defendant fired the fatal shot almost 30 seconds later, during which time the victim's companion had pushed the victim back, stood in front of the victim, and told him, "It ain't worth it".
We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Eiber, Balletta and Ritter, JJ., concur.