People v. Wise

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered May 22, 1996, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 5V2 years, unanimously affirmed.

Defendant’s challenge to the court’s inclusion of the concept of provocation (Penal Law § 35.15 [1] [a]) in its justification charge is unpreserved for appellate review and we decline to review it in the interest of justice. Were we to review this claim, we would find…