Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the People disproved his justification defense beyond a reasonable doubt. It is well established that justification is not a defense to the use of deadly physical force unless the actor reasonably believes that another person is about to use deadly physical force against him or her and he or she is unable to retreat safely (see, Penal Law § 35.15 [2] [a]; People v Goetz,...
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