People v. Delmas

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered September 14, 2010, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered the judgment is affirmed.

The defendant’s challenge to certain portions of the charge on justification regarding the duty to retreat are unpreserved for appellate review (see CPL 470.05 [2]; People v Battle, 73 AD3d 939, 940 [2010]; People v Fowle, 60 AD3d 691, 691 [2009]; People v Floyd, 34 AD3d 494, 495 [2006]). In any…