People v. Swaby

Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Tomei, J.), rendered May 21, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court’s justification charge was erroneous is unpreserved for appellate review (see CPL 470.05 [2]; People v Harrell, 59 NY2d 620, 622 [1983]; People v Gaskins, 300 AD2d 506 [2002]). In any event, the charge, taken as a whole, properly instructed the jury on the justification defense (see People v Wesley, 76 NY2d…