Opinion
October 20, 1997
Appeal from Supreme Court, Queens County (McGann, J.).
Ordered that the judgment is affirmed.
The trial court did not err in refusing to give a justification charge with respect to the circumstances under which nondeadly physical force could be used ( see, e.g., People v Parham, 238 A.D.2d 446; cf., People v. Ogodor, 207 A.D.2d 461; People v. Jones, 148 A.D.2d 547).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We have considered the defendant's remaining contentions and find them to be without merit.
Thompson, J.P., Sullivan, Joy and Florio, JJ., concur.