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 § 35.20. 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 victim was committing or attempting to commit burglary or arson upon his premises ( 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's remaining contentions are either improperly raised on appeal ( see, People v O'Connor, 126 A.D.2d 676), or without merit ( see, People v Byrnes, 33 N.Y.2d 343; People v Brooks, 184 A.D.2d 274). Bracken, J.P., Rosenblatt, Miller and Friedmann, JJ., concur.