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PEOPLE v. CHAVEZ

177 A.D.2d 498 (1991)

The People of the State of New York, Respondent, v. Daniel Chavez, Also Known as Daniel Chaves, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 4, 1991

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in refusing to instruct the jury that he could have been justified in fatally stabbing the victim because, although the victim only used nondeadly force, the victim acted in concert with several other potential assailants armed with deadly weapons. This contention has not been preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski,

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