PEOPLE v. PAGAN

Judgment unanimously affirmed. Memorandum: Defendant failed to request that the jury be charged on the defense of justification (Penal Law § 35.15). Accordingly, that issue has not been preserved for our review (see, CPL 470.05; People v Behlin, 150 A.D.2d 591, lv denied 74 N.Y.2d 805; People v McLoyd, 125 A.D.2d 604). Moreover, the evidence, viewed in the light most favorable to defendant, fails to establish his entitlement to a charge of justification (CPL 300.10, [2]; see, People v. Watts, 57 N.Y.2d 299, 301-302).