People v. Orr

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court erred in its instructions on accomplice liability and reasonable doubt. Considering the whole charge on accomplice liability (People v Canty, 60 NY2d 830 , 832), we conclude that it conveyed the proper standard to the jury (see, Penal Law § 20.00). There is no merit to defendant’s claim that the court’s charge on reasonable doubt diluted the People’s burden (see, People v Hill, 190 AD2d 990 ; see also, People v Hill, 154 AD2d 887 , lv denied 75 NY2d 813 ).

Defendant has failed to preserve for our review the contention that the court erred in failing to charge the defense of justification (see, CPL 470.05 [2]). In any event, defendant’s contention is without merit. Viewing the record in the light most favorable to the accused (People v McManus, 67 NY2d 541 , 549; People v Falk, 185 AD2d 630 , lv denied 80 NY2d 929 ), we conclude that it fails to establish that defendant reasonably believed that the victim was about to use deadly physical force (see, People v Reynoso, 73 NY2d 816 , 818; People v Watts, 57 NY2d 299 , 301-302; see also, People v Wesley, 76 NY2d 555 , 559). Thus, the court properly refused to charge the defense of justification (see, People v Loria, 190 AD2d 1006 ). (Appeal from Judgment of Monroe County Court, Egan, J. — Manslaughter, 2nd Degree.) Present — Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.