Opinion
January 25, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered March 3, 1998, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Lorca Morello of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Janeen Thomas on the brief), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly denied the defendant's request to charge the defense of justification. A court need not charge the defense of justification if, considering the record in the light most favorable to the defendant, no reasonable view of the evidence supports it (see, People v. Maher, 79 N.Y.2d 978, 982; People v. Reynoso, 73 N.Y.2d 816; People v. Watson, 231 A.D.2d 751; People v. Rhoden, 191 A.D.2d 722). The defendant's statement to the police indicated that his wife threatened him with a knife, but that he was able to wrest it from her. At that point, the defendant's wife was no longer armed and, therefore, the defendant was no longer facing the imminent use of deadly physical force against him (see, Penal Law § 35.15; see also, People v. Watts, 57 N.Y.2d 299; People v. Pagan, 210 A.D.2d 435).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).