Opinion
October 1, 1993
Appeal from the Monroe County Court, Bristol, J.
Present — Denman, P.J., Green, Balio, Boomer and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was charged with murder in the second degree. He requested that the jury be instructed on the defense of justification on the theory that he was justified in using deadly force to protect his friend from the use of deadly force. That request was properly denied. "[A] court need not charge justification if no reasonable view of the evidence establishes the elements of the defense (People v Watts, 57 N.Y.2d 299; People v. Scarborough, 49 N.Y.2d 364, 373-374)" (People v. Reynoso, 73 N.Y.2d 816, 818). A reasonable belief in the need to use deadly force is a necessary element of the defense raised by defendant (see, Penal Law § 35.15 [a]; People v. Goetz, 68 N.Y.2d 96). There was no evidence at trial establishing that defendant believed, reasonably or otherwise, that resort to deadly force was necessary.
The trial court properly permitted identification testimony by a witness not named in the People's CPL 710.30 notice. That witness had participated in viewing a photograph array but had been unable to make a positive identification (see, People v Gholston, 178 A.D.2d 546, lv denied 79 N.Y.2d 947; People v Burks, 168 A.D.2d 456; see also, CPL 710.30 [b]; People v Monroig, 111 A.D.2d 935, lv denied 66 N.Y.2d 921).
We have examined defendant's other contention and find it to be without merit.