Opinion
June 30, 1986
Appeal from the Supreme Court, Queens County (Rubin, J.).
Judgment on indictment No. 929/82 affirmed.
Based upon all of the evidence adduced at trial, the People disproved the proffered justification defense beyond a reasonable doubt (see, Penal Law § 25.00; § 35.00; People v. Harris, 97 A.D.2d 594). The defendant's claim that the trial court delivered an unbalanced "interested witness" charge insofar as it instructed the jury that defendant may be considered an interested witness, but omitted to so charge with respect to the complainant (see, People v. Brabham, 77 A.D.2d 626; People v Srbu, 51 A.D.2d 978) is unpreserved for our review and, in any event, is without merit. Gibbons, J.P., Weinstein, Lawrence and Eiber, JJ., concur.