Opinion
November 4, 1991
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in refusing to instruct the jury that he could have been justified in fatally stabbing the victim because, although the victim only used nondeadly force, the victim acted in concert with several other potential assailants armed with deadly weapons. This contention has not been preserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, the claim is without merit inasmuch as the court's instruction conveyed to the jury the correct legal standard and evidence to be considered with respect to the defense of justification (see, Penal Law § 35.15; People v. Goetz, 68 N.Y.2d 96; see also, People v. Wesley, 76 N.Y.2d 555). Sullivan, J.P., Balletta, Ritter and Copertino, JJ., concur.