People v. Crosby

Judgment affirmed. Memorandum: Viewing the trial court’s entire charge on the defense of justification, we find that it was without reversible error. One may be justified in using deadly physical force upon another if he "reasonably believes that such other person is using or about to use deadly physical force” (Penal Law § 35.15 [2] [a]). The defense is only available where the belief of the defendant that he was subject to an imminent attack is a reasonable one (People v Miller, 39 NY2d 543, 548). The court’s charge tracked the statute and made it clear that it was defendant’s perception of…