It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]) and two counts of attempted robbery in the first degree (§§ 110.00, 160.15 [1], [3]). We agree with defendant that Supreme Court erred in charging the defense of justification for the use of deadly physical...
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