Opinion
March 19, 1991
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant was not entitled to a charge on the defense of justification. No reasonable view of the evidence would support such a defense (see, e.g., People v Watts, 57 N.Y.2d 299). Defendant testified at trial that he entered a luxury suite at the Helmsley Palace Hotel on January 14, 1989 where he remained for two days because he was cold and could not gain admission to public shelters. Nowhere is there any indication in the record that defendant was confronted with imminent harm and faced with an emergency situation, such as to demonstrate that his criminal trespass was justifiable (see, Penal Law § 35.05). We further note this claimed error is unpreserved.
Concur — Milonas, J.P., Asch, Kassal and Rubin, JJ.