Opinion
November 14, 1994
Appeal from the County Court, Nassau County (Dunne, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was denied a fair trial by the court's failure to give a justification charge, pursuant to Penal Law § 35.15 (2) (b), which permits the use of deadly physical force. Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence from which the jury could have concluded that the defendant was the victim of a robbery (see, People v. Watts, 57 N.Y.2d 299). Accordingly, the trial court properly declined to submit the requested charge to the jury (see, e.g., People v. Ruiz, 138 A.D.2d 420). We have examined the defendant's remaining contentions with respect to the adequacy of the court's instructions to the jury regarding his use of physical force in self-defense and find that, under the circumstances of this case, the jury could gather from hearing the entire charge the correct rules to apply in arriving at its verdict (see, Penal Law § 35.15 [b]; [2] [a] [i]; People v. Canty, 60 N.Y.2d 830).
Contrary to the defendant's contention, the sentence imposed was not excessive (see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80). O'Brien, J.P., Joy, Friedmann and Krausman, JJ., concur.