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PEOPLE v. JOSEPH

Appellate Division of the Supreme Court of New York, Second Department.
Aug 24, 1998

Ordered that the judgment is affirmed.

Since the defendant failed to object to the trial court's justification charge, this issue is unpreserved for appellate review ( see, CPL 470.05; People v. Gurganious, 214 A.D.2d 681). In any event, the court's charge, which followed the pattern jury instructions almost verbatim ( see, 1 CJI[NY] 35.15 [2] [a], at 876-879), viewed in its entirety, adequately conveyed the appropriate standard to the jury ( see, People v. Wesley, 76 N.Y.2d 555, 561; People v. Goetz, 68 N.Y.2d 96; People v. Martinez, 243 A.D.2d 732).

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05) or without merit.

Miller, J.P., Altman, McGinity and Luciano, JJ., concur.