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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARROD HILL, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court improperly instructed the jury on the defense of justification and failed to mention the justification defense in the verdict sheet is unpreserved for appellate review (see, CPL 470.05; People v Colon, 159 A.D.2d 582; People v Amey, 151 A.D.2d 490; People v Lopez, 113 A.D.2d 475, 479). The defendant also failed to preserve for appellate review his objection to the trial court's failure to provide the jury with a circumstantial evidence charge (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467; People v Alexander, 153 A.D.2d 507, 509, affd 75 N.Y.2d 979). In any event, we find that neither claim has merit.

Finally, we find that the defendant's sentence was not excessive (see, People v Farrar, 52 N.Y.2d 302). Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.

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PEOPLE v. HILL
(Jun 10, 1991)