Opinion
March 12, 1991
Appeal from the Supreme Court, New York County, Franklin Weissberg, J., Joan B. Carey, J.
Defendant shot the deceased in the head after an argument near the steps of a crack house on Avenue C. A friend of the deceased who witnessed the shooting was also shot at by defendant and received powder burns. Contrary to defendant's unpreserved argument on appeal, the court's justification charge, read as a whole, conveyed the correct legal standards with respect to the defense of justification, including the People's burden to disprove the defense (People v McManus, 67 N.Y.2d 541; People v Jackson, 154 A.D.2d 930, lv denied 74 N.Y.2d 949).
Concur — Carro, J.P., Wallach, Ross, Kassal and Rubin, JJ.