THE PEOPLE &C., RESPONDENT, v. RICHARD BOND, APPELLANT.

    90 N.Y.2d 877, 684 N.E.2d 273, 661 N.Y.S.2d 824 (1997).
    July 2, 1997

   2 No. 144 (1997 NY Int. 140)
   Decided July 2, 1997
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   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.
   Nancy E. Little, for appellant.
   Young C. Lee, for respondent.

   MEMORANDUM:

   The order of the Appellate Division should be affirmed.

   Defendant was charged with second-degree murder, first-degree reckless
   endangerment and second-degree criminal possession of a weapon in
   connection with an incident in which he fired a volley of rifle shots
   at a group of people who were standing in front of a grocery store.
   The murder count arose out of the death of an innocent bystander,
   Lloyd Pearsol, who was fatally injured by a stray bullet while
   standing inside the store. Defendant claimed that he had fired his
   rifle when he saw several individuals in the group outside the store
   gesture as if to draw their own weapons. In response to a request from
   both sides, the court charged the jury on the defense of
   justification.

   On this appeal, defendant argues that the trial court's instruction
   was erroneous because it indicated that the justification defense was
   available only if defendant reasonably believed that Pearsol was about
   to use deadly physical force against him. However, defense counsel's
   brief objection at trial to the court's justification instruction was
   not sufficient to preserve defendant's present appellate claim. We
   have examined defendant's remaining contention about the propriety of
   his consecutive sentences and have found that claim to be meritless.

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   Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone,
   Bellacosa, Smith, Levine, Ciparick and Wesley concur.

   Decided July 2, 1997