People v. Walker

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant failed to preserve for our review his contention that County Court erred in instructing the jury on the defense of justification (see, CPL 470.05 [2]; People v West, 245 AD2d 1087, lv denied 92 NY2d 863). In any event, the court’s justification charge was proper (see, People v West, supra).

The verdict finding defendant guilty of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) is not…