Opinion
May 14, 1990
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred when it refused to charge the jury concerning the defense of justification. Viewing the evidence adduced at trial in the light most favorable to the defendant (see, People v. Reynoso, 73 N.Y.2d 816, 818; People v. Odinga, 143 A.D.2d 202, 203-204), we find that it was not sufficient to support the asserted defense of justification. The evidence shows that the defendant had the opportunity to retreat with complete safety. As such, his use of deadly force against the unarmed victim was not justified (see, Penal Law § 35.15 [a]). The trial court therefore properly refused to charge justification as a defense.
The defendant raises no other contention on appeal. Kunzeman, J.P., Eiber, Sullivan and Balletta, JJ., concur.