Opinion
July 26, 1993
Appeal from the Supreme Court, Kings County (Meyerson, J.).
Ordered that the judgment is affirmed.
The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v. Lemaire, 187 A.D.2d 532; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, the evidence adduced at trial established beyond a reasonable doubt that the defendant did not have to use deadly force to avoid a fistfight with the deceased (see, Penal Law § 35.15; People v Maldonado, 121 A.D.2d 400).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Pizzuto and Joy, JJ., concur.