PEOPLE v. MARQUEZ

ORDERED that the judgment is affirmed.

The evidence before the grand jury established that when the defendant slashed the victim across the chest with a box cutter, the victim was not armed, and the defendant had no reason to believe that the victim was carrying a weapon or was about to use deadly physical force against him ( see People v. Reynoso, 73 N.Y.2d 816; People v. Hosein, 221 A.D.2d 563; People v. Porter, 161 A.D.2d 811; People v. Harris, 134 A.D.2d 369; People v. Figueroa, 111 A.D.2d 765). Therefore, the prosecutor was not obligated to give the grand jury a justification charge.

The defendant's remaining contentions either are unpreserved for appellate review or without merit ( see People v. Hayes, 97 N.Y.2d 203, 208; People v. Goetz, 68 N.Y.2d 96; People v. Foy, 32 N.Y.2d 473, 478; People v. Jones, 294 A.D.2d 517).

H. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.