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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ESMER RHODEN, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We find that the trial court's denial of the defendant's request to charge the defense of justification was not error. It is well settled that a court need not charge the defense of justification if, considering the record in the light most favorable to the defendant, no reasonable view of the evidence supports the defense (see, People v. Reynoso, 73 N.Y.2d 816; People v. Casado, 177 A.D.2d 497). Here, there was no evidence which would indicate that the defendant reasonably believed that he was in danger of being subjected to deadly physical force (see, People v. Watts, 57 N.Y.2d 299, 302; People v. Powell, 181 A.D.2d 923).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Rosenblatt, Lawrence and O'Brien, JJ., concur.

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PEOPLE v. RHODEN
(Mar 29, 1993)