Opinion
November 12, 1999
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Assault, 1st Degree.
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of assault in the first degree (Penal Law § 120.10) and criminal possession of a weapon in the second degree (Penal Law § 265.03), defendant contends that Supreme Court erred in refusing to reinstruct the jurors on the defense of justification in response to their request to be reinstructed on the elements of the charges. We reject that contention (see, People v. Almodovar, 62 N.Y.2d 126, 131-132; People v. Peruche, 243 A.D.2d 655, lv denied 91 N.Y.2d 896; People v. Jackson, 226 A.D.2d 476, lv denied 88 N.Y.2d 987; People v. Hill, 224 A.D.2d 445, lv denied 88 N.Y.2d 880; People v. Dadou, 197 A.D.2d 868, lv denied 82 N.Y.2d 893; People v. Moore, 59 A.D.2d 602; see generally, People v. Allen, 69 N.Y.2d 915, 916; People v. Jiminez, 244 A.D.2d 289, lv denied 91 N.Y.2d 927). The cases cited by defendant (see, People v. Zlochevsky, 196 A.D.2d 701, lv denied 82 N.Y.2d 854; People v. McNair, 48 A.D.2d 860) cannot be reconciled with the foregoing cases, most significantly Almodovar and Allen.