Opinion
1370
June 10, 2003.
Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered August 13, 2001, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.
Raffaelina Gianfrancesco, for respondent.
Lisa Joy Robertson, for defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Rosenberger, Friedman, Marlow, JJ.
Defendant's request for a justification charge was properly denied. Viewing the evidence in the light most favorable to defendant, there was no reasonable view of the evidence to support such a charge (see People v. Cox, 92 N.Y.2d 1002). Although a defendant is entitled to raise inconsistent defenses (see People v. Butts, 72 N.Y.2d 746, 750), in this case the justification defense was not merely inconsistent with the testimony of defendant and his witnesses. Such a defense would have required the jury to speculate as to a sequence of events not supported by any of the testimony presented by either side. In any event, even under such a speculative version of the facts, defendant would still not have been justified in using deadly physical force.
After suitable inquiry, the court properly adjudicated defendant a persistent violent felony offender. The record of the 1996 plea and sentencing proceedings demonstrate that defendant's plea was voluntary, that he was not impaired by any medication, and that he received effective assistance of counsel (see People v. Harris 61 N.Y.2d 9, 15;People v. Rodriguez, 302 A.D.2d 317).
We perceive no basis for reducing defendant's sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.