PEOPLE v. RODRIGUEZ

The verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495). There is no basis upon which to disturb the jury`s determinations concerning credibility.

The court properly refused to charge the defense of justification since there was no reasonable view of the evidence, even when viewed in the light most favorable to defendant, to support such a charge (People v. Cox, 92 N.Y.2d 1002). Such a defense could only have been based on speculation as to facts not in evidence (see, People v. Woods, ___ A.D.2D ___, 715 N.Y.S.2d 702). Moreover, defendant was acquitted of assault, and to the extent that defendant is arguing on appeal that justification should have been charged with respect to the robbery count upon which he was convicted, his present theory is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find it to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT .