Ordered that the judgment is affirmed.
The defendant's contention that the trial court improperly charged the jury on the duty to retreat is unpreserved for appellate review and, in any event, without merit. Legally sufficient evidence was presented to rationally support a finding that the defendant could have safely retreated (see Penal Law § 35.15 [2] [a]; People v Barcena,
Upon the...
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