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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Richard WEIR, Defendant-Appellant.

Decided: January 27, 2005

BUCKLEY, P.J., MAZZARELLI, SULLIVAN, WILLIAMS, GONZALEZ, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (David Aaron of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered February 21, 2003, convicting defendant, after a jury trial, of assault in the second degree, criminal possession of a weapon in the third degree and petit larceny, and sentencing him, as a second violent felony offender, to concurrent terms of 6 years, 3 to 6 years and 1 year, respectively, unanimously affirmed.

The court properly declined to charge justification since there was no reasonable view of the evidence, viewed in the light most favorable to defendant, that when he used a knife against unarmed store security guards, he reasonably believed the guards were using or about to use deadly force against him (see People v. Morales, 11 A.D.3d 259, 782 N.Y.S.2d 437 [2004] ).   There was also no reasonable view of the evidence that defendant used anything other than deadly physical force.