Opinion
March 11, 1993
Appeal from the Supreme Court, Bronx County (Bernard H. Jackson, J.).
We note that the People presented overwhelming evidence of defendant's guilt of the crime charged, and that defendant failed to preserve his claims of error regarding the admission of evidence of a prior altercation between himself and the complainant by appropriate and timely objection (CPL 470.05; People v. Quinones, 166 A.D.2d 330, lv denied 77 N.Y.2d 881). Additionally, defendant's affirmative use of the incident in an attempt to buttress his justification defense renders unwarranted a review in the interest of justice (People v. Acosta, 180 A.D.2d 505, 509-510, lv denied 80 N.Y.2d 827).
Concur — Sullivan, J.P., Milonas, Asch and Rubin, JJ.