Opinion
September 8, 1986
Appeal from the County Court, Westchester County (Lamont, J.).
Judgment affirmed.
Although defense counsel never requested a justification charge and did not except when none was given, the defendant argues that he is entitled to a reversal in the interest of justice because there was failure to so charge. We disagree.
Even when the evidence is viewed in a light most favorable to the defendant, as is required whenever a claim is made that the trial court should have instructed the jury on the defense of justification (see, People v Padgett, 60 N.Y.2d 142, 144-145; People v Watts, 57 N.Y.2d 299, 301), it is clear that the jury would be engaging in sheer speculation if it were asked to draw the inference that the defendant was acting either in self-defense or defense of the victim of the shooting (see, People v Walters, 112 A.D.2d 390). Brown, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.