People v. Person

The sole issue raised on appeal is the propriety of the justification charge. While acknowledging that the issue was not preserved for appellate review as a matter of law, the defendant asks that we review the matter in the interest of justice, and relies on People v Wagman (99 AD2d 519) and People v Macon (110 AD2d 718).

The issue has not been preserved for appellate review and, in any event, the justification defense includes a requirement that the defendant meet an objective standard based on how a reasonable person would have acted (People v Goetz, 68 NY2d 96). Thus, the court’s charge on…