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PEOPLE v. MAYAS

Appellate Division of the Supreme Court of New York, Second Department.
Jan 12, 1987

Ordered that the judgment is affirmed.

The defendant raised no objection at trial to the court's charge. Thus, his present claim that the court's instructions on justification were improper is unpreserved for appellate review (see, People v. Harrell, 59 N.Y.2d 620, 622; People v. Richburg, 109 A.D.2d 899, 900). In any event, the defendant's claim is without merit. The court's enunciation of an objective standard with regard to the requirement of reasonableness under the defense of justification (see, Penal Law ยง 35.15), was a correct statement of the law (see, People v. Goetz, 68 N.Y.2d 96, 112, 114). Insofar as People v. Wagman ( 99 A.D.2d 519), and People v. Desmond ( 93 A.D.2d 822), held to the contrary, they have been overruled. Thompson, J.P., Niehoff, Kunzeman and Sullivan, JJ., concur.