PEOPLE v. LUCENA

Viewing the evidence in the light most favorable to defendant, we find that the court properly denied defendant's request to charge justification. No version of the evidence showed that any officers used excessive force in effecting the arrest of a third person so as to justify the force used by defendant against an officer who was not even involved in the arrest ( People v Frazier, 86 A.D.2d 557, lv denied 56 N.Y.2d 651; see also, People v England, 191 A.D.2d 706).