We note that the People presented overwhelming evidence of defendant's guilt of the crime charged, and that defendant failed to preserve his claims of error regarding the admission of evidence of a prior altercation between himself and the complainant by appropriate and timely objection (CPL 470.05; People v. Quinones, 166 A.D.2d 330, lv denied 77 N.Y.2d 881). Additionally, defendant's affirmative use of the incident in an attempt to buttress his justification defense renders unwarranted a review in the interest of justice (People v. Acosta, 180 A.D.2d 505, 509-510, lv denied 80 N.Y.2d 827).
Concur — Sullivan, J.P., Milonas, Asch and Rubin, JJ.