| People v Syville |
| 2015 NY Slip Op 05706 [130 AD3d 658] |
| July 1, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Alphonso Syville, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and LoriGlachman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(McKay, J.), rendered February 10, 2012, convicting him of endangering the welfare of achild (three counts) and attempted assault in the third degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court erred in refusing to give ajustification charge concerning his use of physical force against the complainant iswithout merit (see Penal Law § 35.10 [1]; People v Lyons, 94 AD3d1020, 1021 [2012]; Peoplev Hall, 65 AD3d 1377, 1378 [2009]; People v Jackson, 243 AD2d 653,653 [1997]). The evidence presented at the defendant's trial provided no basis fordetermining that the defendant reasonably believed that his use of force was necessary todefend himself against the complainant (see People v Watts, 57 NY2d 299, 302[1982]).
The defendant's remaining contentions are without merit. Balkin, J.P., Austin, Millerand Maltese, JJ., concur. [Prior Case History: 35 Misc 3d 435.]