PEOPLE v. HUGGINS

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review the issue of whether the People disproved his justification defense beyond a reasonable doubt (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v. Lemaire, 187 A.D.2d 532; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, the evidence adduced at trial established beyond a reasonable doubt that the defendant did not have to use deadly force to avoid a fistfight with the deceased (see, Penal Law § 35.15; People v Maldonado, 121 A.D.2d 400).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Pizzuto and Joy, JJ., concur.