PEOPLE v. GAINES

Ordered that the judgment is affirmed.

The court properly refused to charge, as part of the law on justification, that the defendant did not have a duty to retreat, as the crime took place in his front yard, a place that was not " in his dwelling" (Penal Law § 35.15 [a] [i] [emphasis supplied]; see also, People v. Seit, 86 N.Y.2d 92; People v Gopaul, 171 A.D.2d 754; People v. Childs, 21 A.D.2d 809).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.