Torts · MBE-tested

The People of the State of New York, Respondent, v. Sanco Davis, Appellant

218 A.D.2d 748630 N.Y.S.2d 948·New York Supreme Court, Appellate Division·1995·NY

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Opinion

The People of the State of New York, Respondent, v Sanco Davis, Appellant. [630 NYS2d 948] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered June 10, 1993, convicting him of attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. We reject the defendant’s contention that he was prejudiced as a result of the court’s jury instruction on the issue of justification. A review of the charge delivered demonstrates that it adequately illustrated the subjective as well as objective elements of the justification defense (see, People v Wesley, 76 NY2d 555; People v Goetz, 68 NY2d 96; People v Noor, 177 AD2d 517; People v Hagi, 169 AD2d 203). The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Balletta, J. P., Copertino, Pizzuto and Krausman, JJ., concur.