Opinion
2015-07-01
The PEOPLE, etc., respondent, v. Alphonso SYVILLE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered February 10, 2012, convicting him of endangering the welfare of a child (three counts) and attempted assault in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court erred in refusing to give a justification charge concerning his use of physical force against the complainant is without merit ( seePenal Law § 35.10[1]; People v. Lyons, 94 A.D.3d 1020, 1021, 942 N.Y.S.2d 213; People v. Hall, 65 A.D.3d 1377, 1378, 886 N.Y.S.2d 743; People v. Jackson, 243 A.D.2d 653, 653, 668 N.Y.S.2d 892). The evidence presented at the defendant's trial provided no basis for determining that the defendant reasonably believed that his use of force was necessary to defend himself against the complainant ( see People v. Watts, 57 N.Y.2d 299, 302, 456 N.Y.S.2d 677, 442 N.E.2d 1188).
The defendant's remaining contentions are without merit.