Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in not instructing the jury as to the defense of justification. However, the record reveals that the defendant's trial counsel never requested such a charge. Therefore, the error was not preserved for appellate review. Under the facts and circumstances of this case, we decline to exercise our interests of justice jurisdiction to review the issue.
The sentence imposed was neither harsh nor excessive. Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.