Opinion
June 2, 1986
Appeal from the Supreme Court, Kings County (Kooper, J.).
Judgment affirmed.
The evidence adduced amply supported a finding that the defendant did not have to use deadly physical force to avoid an attack by the deceased (see, Penal Law § 35.15; People v Doctor, 98 A.D.2d 780). Accordingly, the jury's rejection of the defense of justification should not be disturbed (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).
We find no merit to the defendant's remaining contention. Mangano, J.P., Gibbons, Niehoff and Spatt, JJ., concur.