Ordered that the judgment is affirmed.
The defendant contends that the trial court's charge on the defense of justification was misleading to the jury. However, the trial court's charge, which followed the criminal jury instructions nearly verbatim (see 1 CJI[NY] 35.15 [2] [a]), properly instructed the jury on both the subjective and objective factors it was to consider in assessing whether the defendant actually believed that the use of deadly physical force...
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