Ordered that the judgment is affirmed.
We reject the defendant's contention that the court erred by refusing to instruct the jury on the defense of justification pursuant to Penal Law §§ 35.15 and 35.20. The evidence adduced at trial, when viewed in a light most favorable to the defense ( see, People v. Padgett, 60 N.Y.2d 142; People v. Watts, 57 N.Y.2d 299), did not support the defendant's claim that he shot the victim while the latter was committing or attempting to commit a burglary ( see, Penal Law § 35.20; People v. Bertone, 213 A.D.2d 417; see also, People v. Goetz, 68 N.Y.2d 96).
The defendant was not denied the effective assistance of counsel ( see, People v. Hobot, 84 N.Y.2d 1021, 1022).
The defendant's remaining contentions are either unpreserved for appellate review or without merit ( People v. Tate, 200 A.D.2d 602, 603; People v. Miller, 39 N.Y.2d 543).
Mangano, P.J., Santucci, Joy and Lerner, JJ., concur.