Opinion
July 8, 1996
Appeal from the Supreme Court, Kings County (Koch, J.).
Ordered that the judgment is affirmed.
The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place in his front yard, a place that was not " in his dwelling" (Penal Law § 35.15 [a] [i] [emphasis supplied]; see also, People v. Seit, 86 N.Y.2d 92; People v Gopaul, 171 A.D.2d 754; People v. Childs, 21 A.D.2d 809).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.