What is the test for giving an instruction in a case where the judge refused to grant the instruction?

The trial court's ruling denying appellant's request to give CALCRIM No. 240 is presumed correct; it is appellant's burden to affirmatively demonstrate error. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) We apply a de novo standard of

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review. (People v. Waidla (2000) 22 Cal.4th 690, 733 ["Whether or not to give any particular instruction in any particular case entails the resolution of a mixed question of law and fact that, we believe, is however predominantly legal. As such, it should be examined without deference."].)