Opinion
April 2, 1990
Appeal from the Supreme Court, Kings County (Zweibel, J.).
Ordered that the judgment is affirmed.
The defendant's challenges to the adequacy of the court's charge and the verdict sheet submitted to the jury with respect to the justification defense, are unpreserved for appellate review (see, CPL 470.05; People v. McKenna, 151 A.D.2d 510, lv granted 74 N.Y.2d 814; People v. Lugo, 150 A.D.2d 502). In any event, the court's extensive instructions to the jury on the justification defense were proper (see, People v. Goetz, 68 N.Y.2d 96). Moreover, the omission from the verdict sheet of any reference to the justification defense cannot be said to have unduly prejudiced the defendant since the verdict sheet simply listed the two crimes charged in the indictment and the possible verdicts thereon, and the court extensively charged the jury on both the self-defense claim and its use of the verdict sheet (see, People v. Sanchez, 153 A.D.2d 649; People v. Fields, 134 A.D.2d 365).
Finally, in view of the brutality of the beating visited on the complainant and the severity of the injuries sustained, we perceive of no basis upon which to substitute this court's discretion for that of the sentencing court (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.