PEOPLE v. BATTEE

ORDERED that the judgment and amended judgment are affirmed.

The trial court properly refused to charge the jury on the defense of justification since no reasonable view of the evidence established the elements of that defense ( see People v. Reynoso, 73 N.Y.2d 816, 818; People v. Watts, 57 N.Y.2d 299, 302; People v. Robinson, 295 A.D.2d 544; People v. Collins, 290 A.D.2d 457; People v. Brathwaite, 276 A.D.2d 707). Moreover, the defendant's claim that he was entitled to a jury charge on manslaughter in the second degree is unpreserved for appellate review ( see CPL 300.50; 470.05[2]; People v. Davis, 300 A.D.2d 673). In any event, no reasonable view of the evidence considered in the light most favorable to the defendant ( see People v. Martin, 59 N.Y.2d 704, 705), supports a finding that the defendant acted recklessly ( see People v. Davis, supra at 674; People v. Collins, supra at 458).

Under the circumstances of this case, where the defendant agreed not to testify a second time, the trial court providently exercised its discretion in denying the defendant's subsequent request to reopen the proof so that he could continue to testify ( see People v. Hmoud, 292 A.D.2d 465; People v. Braxton, 254 A.D.2d 365, 366; cf. People v. Washington, 145 A.D.2d 670; People v. Hendricks, 114 A.D.2d 510, 513).

The contentions raised in the defendant's supplemental pro se brief either are unpreserved for appellate review or without merit.

RITTER, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.