Judgment affirmed.
Memorandum:
County Court properly instructed the jury on the justifiable use of deadly physical force to defend oneself (see, Penal Law § 35.15) and did not err in refusing to instruct the jury on the justifiable use of deadly physical force to prevent or terminate a burglary (see, Penal Law § 35.20 [3]). "As its legislative history makes clear, section 35.20 (3) `was intended to protect those individuals who suddenly...
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