Opinion
May 1, 1989
Appeal from the Supreme Court, Queens County (Thorp, J.).
Ordered that the judgment is affirmed.
A review of the entire charge establishes that the court properly instructed the jury on the defense of justification (see, People v Canty, 60 N.Y.2d 830; People v Yanik, 43 N.Y.2d 97). Further, the court did not unduly restrict the questioning of witnesses with respect to prison conditions which could have affected the defendant's state of mind when he committed the assault (see, People v Goetz, 68 N.Y.2d 96). Finally, the defendant's challenge to the imposition of a mandatory surcharge upon his conviction is premature (see, People v West, 124 Misc.2d 622; People v Fleming, 134 A.D.2d 610). Thompson, J.P., Bracken, Brown and Harwood, JJ., concur.