MATTER OF JESSE

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant's contention that his justification defense pursuant to Penal Law § 35.15 (2) was not disproven beyond a reasonable doubt is without merit. The evidence adduced at the fact-finding hearing, including the appellant's videotaped statement, clearly established that the appellant shot Anthony Wilson in the back of his arm while the latter was leaving the scene of the attempted robbery. Moreover, by the appellant's own admission, he shot Wilson not because the appellant was trying to stop the robbery but rather because he was "angry and mad". In view of this evidence, it is clear that a reasonable person in the appellant's position under the circumstances would not have thought deadly force was necessary to protect himself or to prevent a robbery from occurring (see, Penal Law § 35.15). For these same reasons, the appellant's possession of a loaded weapon was not justified (see, People v Bieniek, 60 A.D.2d 777). Mollen, P.J., Eiber, Kooper and Harwood, JJ., concur.