Majority
p. 529The People of the State of New York, Respondent, v Michael Joseph, Appellant. [676 NYS2d 880]
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.
p. 530
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.
Cases cited
- People v. Wesley 76 NY2d 555 at 561 p. 530
- People v. Goetz 68 NY2d 96 p. 530
- People v. Martinez 243 AD2d 732 p. 530