PEOPLE v. MORALES

The court properly declined to charge justification since there was no reasonable view of the evidence, when viewed most favorably to defendant, to support such a defense. Even under defendant's version of the facts, he was clearly the initial aggressor when he pointed a pistol at his naked, unarmed victim ( see People v. Ross, 197 AD2d 713, 714, lv denied 82 NY2d 902; People v. Casado, 177 AD2d 497, lv denied 79 NY2d 854; see also People v. Magliato, 68 NY2d 24), and the force he used against the victim was clearly unreasonable ( see generally People v. Goetz, 68 NY2d 96).

Were we to find that the court erred in allowing the People to attempt to refresh defendant's recollection with a writing when defendant had not professed a failure of memory, we would find the error to be harmless ( see People v. Varela, 272 AD2d 243, lv denied 95 NY2d 939).