Opinion
December 31, 1997
Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention that County Court erroneously instructed the jury on the defense of justification has not been preserved for our review ( see, CPL 470.05; People v. McCray, 149 A.D.2d 736, lv denied 74 N.Y.2d 743). In any event, the justification charge as given was proper. The verdict finding defendant guilty of felony murder (Penal Law § 125.25) and attempted robbery in the first degree (Penal Law § 110.00, 160.15 Penal [2]) is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Smith, J. — Murder, 2nd Degree.)