Opinion
2001-10661
Submitted September 16, 2003.
November 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered December 6, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Carol Y. Kendrick of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the trial court's charge to the jury failed to properly relate the principles of justification to the facts of his case. This contention is unpreserved for appellate review since the defendant failed to request specific instructions or to object to the court's charge as given ( see CPL 470.05; People v. Muhammed, 303 A.D.2d 424; People v. Hyc, 240 A.D.2d 431; People v. Samuels, 198 A.D.2d 384). In any event, this contention is without merit because the charge, when viewed in its entirety, conveyed the proper legal standard for the defense of justification as it applied to the facts of this case ( cf. People v. Morgan, 290 A.D.2d 566; People v. Lauderdale, 295 A.D.2d 539; see also People v. Reid, 176 A.D.2d 828).
PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.