Opinion
570334/04.
Decided May 11, 2006.
Defendant appeals from a judgment of the Criminal Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 14, 2004, after a jury trial, convicting him of harassment in the second degree and imposing sentence.
Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered April 14, 2004, affirmed.
PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
The trial court properly denied defendant's request for a justification charge. There was no reasonable view of the evidence that would support a finding that defendant reasonably believed that he was about to suffer an "imminent or unavoidable harm" ( see People v. Reynoso, 73 NY2d 816, 818; People v. Anyakora, 238 AD2d 216, lv denied 90 NY2d 854), or that as the initial aggressor, defendant had "withdrawn from the encounter and effectively communicated such withdrawal" to the complainant (Penal Law § 35.15[b]).
This constitutes the decision and order of the court.