People v. Jackson

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered September 5, 2000, convicting him of murder in the second degree and criminal possession of a weapon 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 improperly charged the jury on the duty to retreat is unpreserved for appellate review and, in any event, without merit. Legally sufficient evidence was presented to rationally support a finding that the defendant could have safely retreated…