Opinion
2002-04652.
Decided June 21, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 21, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Albert Berry III of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, REINALDO E. RIVERA, ROBERT A. LIFSON, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's justification charge was erroneous is unpreserved for appellate review ( see CPL 470.05; People v. Harrell, 59 N.Y.2d 620, 622; People v. Gaskins, 300 A.D.2d 506). In any event, the charge, taken as a whole, properly instructed the jury on the justification defense ( see People v. Wesley, 76 N.Y.2d 555, 559; People v. Bernard, 222 A.D.2d 599; People v. Thomas, 179 A.D.2d 793, 794; People v. Madden, 171 A.D.2d 558, 559).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.