People v. Whitney

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J), rendered August 4, 2011, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court’s instructions to the jury on the defense of justification were misleading is unpreserved for appellate review (see CPL 470.05 [2]; People v Bond, 90 NY2d 877, 878 [1997]; People v Adams, 55 AD3d 616 [2008]; People v Henry, 306 AD2d 539 [2003]). In any event, the contention is without merit, as the…