Opinion
November 16, 1987
Appeal from the Supreme Court, Kings County (Kooper, J.).
Ordered that that judgment is affirmed.
The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place outside of his apartment building in a place that was not a part of his dwelling as a matter of law (see, People v. Collice, 41 N.Y.2d 906; People v. Childs, 21 A.D.2d 809). Mollen, P.J., Brown, Rubin and Spatt, JJ., concur.