It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the third degree (§ 265.02 [1]), defendant contends that Supreme Court erred in failing to instruct the jury in accord with commentary concerning the excessive use of deadly physical...
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