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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON GAWLICK, Appellant.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25). We reject the contention of defendant that County Court erred in refusing to charge the jury on the defense of justification ( see § 35.15). "A trial court need not charge justification where no reasonable view of the evidence supports the elements of the defense" ( People v Miller, 217 AD2d 810, 811, lv denied 86 NY2d 798). Contrary to the further contention of defendant, we conclude that defense counsel afforded him meaningful representation ( see generally People v Satterfield, 66 NY2d 796, 799-800). Defendant failed to preserve for our review his contention that the evidence of intent is legally insufficient to support the conviction ( see People v Gray, 86 NY2d 10, 19). Finally, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495).

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PEOPLE v. GAWLICK
(Sep 22, 2006)