Appellate Division of the Supreme Court of the State of New York October 1, 1993 (People v. Gates)

—Judgment unanimously affirmed. Memorandum: Defendant’s contention that the court’s justification charge was improper was not preserved for review (see, CPL 470.05 [2]; People v Patterson, 39 NY2d 288, 294, affd 432 US 197; People v Comfort, 113 AD2d 420, 426, lv denied 67 NY2d 760), and we decline to consider it in the interest of justice.