Defendant failed to preserve his claim that the court erred by instructing the jury that he had a duty to retreat in connection with his justification defense, and we decline to review it in the interest of justice. As an alternative holding, we find that while the crime occurred in the homeless shelter where defendant lived, it occurred in a portion of the shelter that was not part of his dwelling for purposes of the exception to the duty to retreat (see People v Hernandez...
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