Opinion
2001-04786
Argued February 13, 2003.
March 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered May 14, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
We reject the defendant's contention that the Supreme Court erred in refusing to instruct the jury on the use of deadly physical force to prevent the commission of a robbery (see Penal Law § 35.15[b]). Viewing the testimony in the light most favorable to the defendant (see People v. Watts, 57 N.Y.2d 299, 301), there is no reasonable view of the evidence from which the jury could have concluded that the victim or his friends were committing or were attempting to commit a robbery (see People v. Bertone, 213 A.D.2d 417; People v. Ducksworth, 209 A.D.2d 536; People v. Ruiz, 138 A.D.2d 420; People v. Flores, 75 A.D.2d 649). Accordingly, the Supreme Court properly declined to submit the requested charge to the jury.
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and COZIER, JJ., concur.