Opinion
July 1, 1985
Appeal from the County Court, Westchester County (Nastasi, J.).
Judgment affirmed.
Defendant's guilt was proven beyond a reasonable doubt ( People v. Contes, 60 N.Y.2d 620). Defendant was not prejudiced by the statement in the court's charge that he had a duty to retreat (Penal Law § 35.15 [a]).
The other issue raised by defendant has not been preserved for appellate review as a matter of law ( People v. Qualls, 55 N.Y.2d 733), and we decline to address it in the interest of justice. Bracken, J.P., O'Connor, Rubin and Lawrence, JJ., concur.