Opinion
March 12, 1993
Appeal from the Monroe County Court, Marks, J.
Present — Callahan, J.P., Balio, Doerr, Boomer and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Because defendant failed to object to County Court's charge on the defense of justification, that issue has not been preserved for appellate review (CPL 470.05; see, People v. Harrell, 59 N.Y.2d 620, 622; People v. Santiago, 162 A.D.2d 1021, lv denied 76 N.Y.2d 896). Were we to consider the merits, we would conclude that the court correctly and repeatedly instructed the jury that the People had the burden of disproving justification beyond a reasonable doubt (see, Penal Law § 25.00; § 35.00 et seq.). Moreover, the court properly instructed the jury that the defense of justification applied to the charge of first degree manslaughter as well as to each lesser included offense. The court was not required to repeat its instructions on justification for each lesser included offense (see, People v Estela, 177 A.D.2d 646, lv denied 79 N.Y.2d 856).
Defendant also failed to preserve for our review his contention that the court erred in its charge on reasonable doubt (see, CPL 470.05; People v. Brown, 170 A.D.2d 955, lv denied 77 N.Y.2d 959; see also, People v. Hill, 154 A.D.2d 887, lv denied 75 N.Y.2d 813).