PEOPLE v. JACKSON (1998)

Judgment, Supreme Court, New York County (James Leff, J.), rendered September 13, 1995, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 7 1/2 12 to 15 years, unanimously affirmed.

 Since no reasonable view of the evidence established the elements required for the defense of justification involving deadly physical force, the trial court properly refused defendant's request for a justification charge (People v. Arzu, 240 A.D.2d 217, 658 N.Y.S.2d 303;  see also, People v. Reynoso, 73 N.Y.2d 816, 537 N.Y.S.2d 113, 534 N.E.2d 30).   Viewed in the light most favorable to defendant, the evidence established at most that the victim pushed defendant away after defendant provoked a confrontation.

 The court correctly admitted photographs of the victim's face, which were relevant to establish defendant's intent when inflicting the injuries (People v. Stevens, 76 N.Y.2d 833, 560 N.Y.S.2d 119, 559 N.E.2d 1278).

 Since defendant made no objection to the court's decision not to submit the count charging criminal possession of a weapon in the fourth degree, the applicable statute (CPL 300.50[1-3] ) precludes any finding of error by the trial court (People v. Hunter, 210 A.D.2d 11, 619 N.Y.S.2d 27, lv. denied 85 N.Y.2d 863, 624 N.Y.S.2d 382, 648 N.E.2d 802).

MEMORANDUM DECISION.