Opinion
November 19, 1992
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
Defendant's appellate challenge to the court's supplemental instructions on justification was not preserved by appropriate objection (CPL 470.05), and, in any event, is without merit in that the charge, when viewed as a whole (People v St. Martine, 160 A.D.2d 35, 38, lv denied 76 N.Y.2d 990), comported with the evidence (see, Penal Law § 35.15, [2]; People v Major, 116 A.D.2d 594). Given the serious and nearly fatal extent of the injuries inflicted, the maximum sentence imposed cannot be deemed excessive (see, People v Rogers, 163 A.D.2d 157, 158, lv denied 76 N.Y.2d 943).
Concur — Murphy, P.J., Ellerin, Kupferman, Kassal and Rubin, JJ.