Opinion
2001-03077
Argued November 15, 2002.
December 9, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 19, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Joseph Huttler of counsel), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the trial court's charge on the defense of justification was misleading to the jury. However, the trial court's charge, which followed the Criminal Jury Instructions nearly verbatim (see 1 CJI[NY] 35.15[2][a]), properly instructed the jury on both the subjective and objective factors it was to consider in assessing whether the defendant actually believed that the use of deadly physical force was necessary, and the reasonableness of such belief (see People v. Wesley, 76 N.Y.2d 555; People v. Goetz, 68 N.Y.2d 96; People v. Santos, 280 A.D.2d 561; People v. Brown, 250 A.D.2d 774; People v. Bernard, 222 A.D.2d 599).
S. MILLER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.