Opinion
June 6, 1988
Appeal from the Supreme Court, Westchester County (Hurlbutt, J.).
Ordered that the judgment is affirmed.
There was no proof offered at trial to indicate that the defendant believed that the victim or anyone else was about to use deadly physical force against him or his companions. Accordingly, the trial court properly refused to charge justification as a defense (see, People v Walters, 112 A.D.2d 390, lv denied 67 N.Y.2d 766). Similarly, there was no basis upon which the jury could reasonably have concluded that the defendant possessed a firearm but lacked the intent to use it unlawfully against another, and the court's refusal to submit criminal possession of a weapon in the fourth degree as a lesser included offense was, therefore, proper (see, People v Glover, 57 N.Y.2d 61). Lastly, we note that the court's charge, insofar as it defined the concept of reasonable doubt for the jury, adequately explained that concept and provides no ground for reversal (see, People v Jones, 27 N.Y.2d 222, 226-227). Bracken, J.P., Brown, Lawrence and Spatt, JJ., concur.