Opinion
March 25, 1985
Appeal from the Supreme Court, Kings County (Lodato, J.).
Judgment affirmed.
Defendant's sole defense at trial was justification. He contended that at the time of the incident he did not know that the two men who stopped and frisked him and his companions were police officers, and that he believed that the force he used against the two officers was necessary to defend himself and his brother. On this appeal, he contends that he was deprived of a fair trial because of the alleged erroneous and deficient charge by the trial court on the defense of justification. Defendant, however, failed to take exception to the trial court's initial and supplemental justification charge. Defendant's claims are thus not properly preserved for review (CPL 470.05; see, People v. Thomas, 50 N.Y.2d 467; People v. Doctor, 98 A.D.2d 780).
In any event, we note that the charge, viewed in its entirety, adequately conveyed the appropriate law to the jury and did not deprive defendant of a fair trial ( see, People v. Woods, 41 N.Y.2d 279; People v. Francis, 99 A.D.2d 841; People v. Doctor, supra). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.