Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him of assault in the first degree and criminal possession of a weapon in the third degree, based upon his assault of the victim on the open porch of defendant's dwelling. He contends that County Court erred in instructing the jury concerning the duty to retreat without using deadly physical force (see, Penal Law § 35.15 [2] [a] [i]). At trial, defendant objected...
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