Opinion
1999-04891.
Decided February 23, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered May 11, 1999, convicting him of assault in the first degree (two counts), upon a jury verdict, and imposing sentence.
Tumelty Spier, LLP, New York, N.Y. (John Tumelty of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Donna Aldea, and Daniel Bresnahan of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, THOMAS A. ADAMS and SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly denied the defendant's request to instruct the jury on the defense of justification since no reasonable view of the evidence supported it ( see Penal Law § 35.15[b], [2]; see also People v. Bennett, 279 A.D.2d 585; People v. Lee, 185 A.D.2d 824; People v. Richardson, 155 A.D.2d 488).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.