It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him after a nonjury trial of, inter alia, murder in the second degree (Penal Law § 125.25[1]), defendant contends that County Court erred in refusing to consider the defense of justification (see § 35.20[3]). Even assuming, arguendo, that the court refused to consider that defense, we conclude that any such refusal was...
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