People v. Albritton

The defendant’s contention that the trial court erred in failing to instruct the jury on the defense of justification with respect to the count of the indictment charging him with criminal possession of a weapon in the second degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Smith, 54 AD3d 421, 422 [2008]; People v Williams, 38 AD3d 577, 578 [2007]). In any event, the trial court properly refused to charge the defense of justification with respect to that count (see People v *867Pons, 68 NY2d 264, 265 [1986]; People v Smith, 54 AD3d 421 [2008]; People v Johnson, 30 AD3d 439…