People v. Bodford

—Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: We reject the contention of defendant that County Court’s reasonable doubt instruction deprived him of due process and a fair trial.

Because there is no evidence from which the jury could conclude that defendant reasonably believed that the victim was about to use deadly physical force, the court properly refused defendant’s request to charge the defense of justification (see, People v Watts, 57 NY2d 299, 301-302).

Upon our…