Majority
Appeal by the defendant from a judgment of the County Court, Westchester County (Lament, J.), rendered December 11, 1981, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Although defense counsel never requested a justification charge and did not except when none was given, the defendant argues that he is entitled to a reversal in the interest of justice because there was failure to so charge. We disagree.
Even when the evidence is viewed in a light most favorable to the defendant, as is required whenever a claim is made that the trial court should have instructed the jury on the defense of justification (see, People v Padgett, 60 NY2d 142 , 144-145; People v Watts, 57 NY2d 299 , 301), it is clear that the jury would be engaging in sheer speculation if it were asked to draw the inference that the defendant was acting either in self-defense or defense of the victim of the shooting (see, People v Walters, 112 AD2d 390 ). Brown, J. P., Niehoff, Rubin and Kunzeman, JJ., concur.
Cases cited
- People v. Padgett 60 NY2d 142 at 144-145 p. 330
- People v. Watts 57 NY2d 299 at 301 p. 330