Opinion
February 3, 1994
Appeal from the County Court of Rensselaer County (Dwyer, Jr., J.).
Defendant was convicted of the crime of assault in the second degree and sentenced as a second felony offender to a term of imprisonment of 3 1/2 to 7 years. We find no merit to defendant's contention that County Court erred in its charge to the jury. When read as a whole, County Court's charge as to defendant's justification defense was appropriate. Further, given defendant's criminal record, we find no basis to disturb the sentence imposed by County Court.
Cardona, P.J., Mikoll, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.