PEOPLE v. ALBRITTON (2009)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered April 1, 2004, convicting him of manslaughter 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 failed to preserve for appellate review his contention that he was prejudiced by the Supreme Court's failure to deliver a justification charge (see CPL 470.05[2];  People v. Harris, 48 A.D.3d 830, 851 N.Y.S.2d 366;  People v. Kelly, 183 A.D.2d 784, 785, 583 N.Y.S.2d 513).   In any event, the Supreme Court was not required to provide a justification charge, since no reasonable view of the evidence would support a finding that the defendant's actions were justified (see People v. Watts, 57 N.Y.2d 299, 301-302, 456 N.Y.S.2d 677, 442 N.E.2d 1188;  People v. DeLeon, 46 A.D.3d 569, 845 N.Y.S.2d 917;  People v. Robinson, 295 A.D.2d 544, 744 N.Y.S.2d 689;  People v. Davis, 293 A.D.2d 486, 739 N.Y.S.2d 635).   Further, under these circumstances there is no merit to the defendant's contention that he was denied the effective assistance of trial counsel based upon trial counsel's failure to request a justification charge (see People v. Hayes, 51 A.D.3d 688, 858 N.Y.S.2d 242;  People v. Harris, 48 A.D.3d at 831, 851 N.Y.S.2d 366).