AD4 order dated February 7, 2014, affirming judgment of conviction. Decision below: 114 AD3d 1134,980 NYS2d 181. Lippman, Ch. J., granted leave July 30, 2014. Argued September 17, 2015.

ISSUE PRESENTED: Whether the CJI “initial aggressor” justification charge misstated the applicable law where the defendant claimed he used force to shield another person from attack in an ongoing altercation. (Assigned counsel: Timothy P. Donaher, Monroe County Public Defender, 10 N. Fitzhugh St., Rochester, NY 14614.)