People v. Roman

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered March 26, 2002, convicting him of assault in the first degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not err in charging the jury with the initial *590aggressor principle as part of its justification instruction. The initial aggressor charge must be given where there is an issue of fact as to who started the conflict (see People v…