Opinion
February 27, 1996
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
The People disproved defendant's justification defense beyond a reasonable doubt with credible evidence that defendant, a striking worker, threatened the complainant, a temporary worker, at the work site, followed him after work, and struck him without provocation. Issues of credibility, including whether the complainant had reached for the sledgehammer he was carrying in his tool belt, were properly presented to the jury and we find no reason to disturb its determination ( see, People v. Bleakley, 69 N.Y.2d 490).
Concur — Murphy, P.J., Ross, Tom and Mazzarelli, JJ.