People v. Joseph

253 A.D.2d 529, 676 N.Y.S.2d 880, 1998 N.Y. App. Div. LEXIS 9100

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: August 24, 1998
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered December 5, 1996, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant failed to object to the trial court’s justification charge, this issue is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gurganious, 214 AD2d 681). In any event, the court’s charge, which followed the pattern jury instructions almost verbatim (see, 1 CJI[NY] 35.15 [2] [a], at 876-879), viewed in its entirety, adequately conveyed the appropriate standard to the jury (see, People v Wesley, 76 NY2d 555, 561; People v Goetz, 68 NY2d 96; People v Martinez, 243 AD2d 732).

The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Miller, J. P., Altman, McGinity and Luciano, JJ., concur.