People v. Thomas

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered August 13, 2001, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the trial court’s justification charge is unpreserved for appellate review (see CPL 470.05 [2]; People v Richardson, 294 AD2d 379, 380 [2002]; People v Abreu, 287 AD2d 644, 645 [2001]). In any event, the trial court properly instructed the jury to consider subjective…