People v. Frazier

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Hurl-butt, J.), rendered May 24, 1985, convicting him of criminal possession of a weapon in the second degree and attempted *562assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There was no proof offered at trial to indicate that the defendant believed that the victim or anyone else was about to use deadly physical force against him or his companions. Accordingly, the trial court properly refused to charge justification as a defense (see, People v…