Opinion
August 26, 1993
Appeal from the Supreme Court, Bronx County (William Wallace, III, J.).
Defendant's argument that the trial court's supplemental charge on the defense of justification was erroneous in that it conveyed the wrong standard is not preserved for review as a matter of law (CPL 470.05; People v Hoke, 62 N.Y.2d 1022), and we decline to review in the interest of justice. Defendant was fortunate to have received a justification charge, having failed to adduce an evidentiary basis therefor (see, Penal Law § 35.15). Moreover, the supplemental charge as rendered actually benefitted defendant, since it did not specifically require the jury to consider his duty to retreat before resorting to deadly physical force. Defendant's other claims are either unpreserved or without merit.
Concur — Sullivan, J.P., Carro, Wallach and Nardelli, JJ.