Opinion
March 4, 1996
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the court erred by refusing to instruct the jury on the defense of justification pursuant to Penal Law § 35.20. The evidence adduced at trial, when viewed in a light most favorable to the defense ( see, People v Padgett, 60 N.Y.2d 142; People v Watts, 57 N.Y.2d 299), did not support the defendant's claim that he shot the victim while the victim was committing or attempting to commit burglary or arson upon his premises ( see, Penal Law § 35.20; People v Bertone, 213 A.D.2d 417; see also, People v Goetz, 68 N.Y.2d 96).
The defendant's remaining contentions are either improperly raised on appeal ( see, People v O'Connor, 126 A.D.2d 676), or without merit ( see, People v Byrnes, 33 N.Y.2d 343; People v Brooks, 184 A.D.2d 274). Bracken, J.P., Rosenblatt, Miller and Friedmann, JJ., concur.