Appellate Division of the Supreme Court of the State of New York December 20, 1985 (People v. Comfort)

lead-opinion

OPINION OF THE COURT

Boomer, J.

The conviction of defendant Joseph Comfort of second degree murder should be affirmed. The court’s instruction on the issue of justification was not erroneous. In any event, this issue was not preserved for review as a matter of law and we *431fail to see how the instruction was prejudicial to defendant (see, People v Crosby, 115 AD2d — [decided Dec.