Opinion
October 15, 1991
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court sufficiently instructed the jury that the defense of justification applied fully to his "risk-creating conduct, even though it had unintended consequences" (People v. Magliato, 68 N.Y.2d 24, 28). After discussing the elements of the crimes charged, the court explained that:
"If you find that someone was killed here, it doesn't matter whether that person was the person intended to be shot or whether that person was also an innocent bystander * * *
"In other words, if I aim at you and I shoot at you or if I think you are shooting at me and I shoot back at you and someone else got shot, that still doesn't affect the issue of self defense. If self defense is right in the first place, it's right, no matter who gets shot".
We have examined the defendant's remaining contentions and find them to either be unpreserved for appellate review or without merit. Sullivan, J.P., Lawrence, O'Brien and Ritter, JJ., concur.