Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), rendered February 27, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, assault in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of, inter alia, murder in the second degree (Penal Law § 125.25 [2]) and assault in the second degree (§ 120.05 [2]) after he shot and injured one victim and then shot and killed a second victim. We reject the contention of defendant that Supreme Court erred in refusing to give a justification charge based on his belief that the murder victim posed a threat to him. Viewing the evidence in the light most favorable to defendant, we conclude that there is no reasonable view of the evidence to support the justification defense on that theory (see People v Gentile, 23 AD3d 1075 [2005], lv denied 6 NY3d 813 [2006]; see generally People v McManus, 67 NY2d 541, 549 [1986]; People v Padgett, 60 NY2d 142, 144-145 [1983]). Defendant failed to preserve for our review his further contention with respect to the court’s Sandoval ruling (see People v Ponder, 19 AD3d 1041, 1043 [2005], lv denied 5 NY3d 809 [2005]). In
