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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL PAGAN, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the trial court committed reversible error by denying his request to charge the jury with regard to the defense of justification. We disagree. Viewing the evidence adduced at trial in the light most favorable to the defendant (People v Steele, 26 N.Y.2d 526), we find that there is no reasonable view of the evidence that would support a finding that the defendant reasonably believed the use of physical force was necessary to defend himself from what he reasonably believed was the use or imminent use of unlawful physical force against him (Penal Law § 35.15; People v Watts, 57 N.Y.2d 299).

The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80). Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

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PEOPLE v. PAGAN
(Dec 19, 1994)