Opinion
Argued December 7, 2000.
January 16, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered December 4, 1998, convicting him of assault in the third degree and harassment in the second degree, upon a jury verdict, and imposing sentence.
Earl A. Rawlins, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Kathleen O'Leary, and Rachel Buchter of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the defendant, the trial court properly denied the defense counsel's request for a justification charge since "no view of the evidence establishes the basic elements of the defense" (People v. Parsons, 270 A.D.2d 504, 505; see, People v. Watts, 57 N.Y.2d 299; see also, People v. Collice, 41 N.Y.2d 906).