| People v Albritton |
| 2009 NY Slip Op 04433 [63 AD3d 749] |
| June 2, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kenneth Albritton, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Camille O'HaraGillespie, and Noah J. Gellner of counsel), for respondent.
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 criminalpossession 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 prejudicedby the Supreme Court's failure to deliver a justification charge (see CPL 470.05 [2]; People v Harris, 48 AD3d 830[2008]; People v Kelly, 183 AD2d 784, 785 [1992]). In any event, the Supreme Courtwas not required to provide a justification charge, since no reasonable view of the evidencewould support a finding that the defendant's actions were justified (see People v Watts,57 NY2d 299, 301-302 [1982]; People vDeLeon, 46 AD3d 569 [2007]; People v Robinson, 295 AD2d 544 [2002];People v Davis, 293 AD2d 486 [2002]). Further, under these circumstances there is nomerit to the defendant's contention that he was denied the effective assistance of trial counselbased upon trial counsel's failure to request a justification charge (see People v Hayes, 51 AD3d 688[2008]; People v Harris, 48 AD3d at 831). Spolzino, J.P., Dillon, Florio and Belen, JJ.,concur.