Opinion
January 21, 1999.
Appeal from the Family Court, Bronx County (Harold Lynch, J.).
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The court properly rejected appellant's justification defense. The evidence permitted the fact finder to conclude that appellant instigated the confrontation between herself and the complainant, struck the first blow in that confrontation, and did not withdraw from the confrontation. Consequently, the justification defense was not available ( see, People v. Baez, 118 A.D.2d 507; Penal Law § 35.15 [b]). Moreover, the alleged threat to appellant's safety was sufficiently attenuated in time and space to militate against the conclusion that she was in danger when she bit the complainant.
Concur — Rosenberger, J.P., Ellerin, Tom and Saxe, JJ.