AD2 order dated October 14, 2015, affirming judgment of conviction. Decision below: 132 AD3d 777, 17 NYS3d 768. Fahey, J., granted leave February 24, 2016.

ISSUES PRESENTED: (1) Whether the trial court properly refused to charge justification by ruling, as a matter of law, that defendant’s use of a glass bottle to strike the complainant in the face constituted deadly physical force. (2) Whether the court’s comment to the prospective jurors that, if any juror were to be excused on the basis of difficulty with the English language they would be required to take a course in English, was a mode-of-proceedings error. (Assigned counsel: Shanda Sibley & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)