Opinion
December 9, 1997
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Defendant's challenge to the court's response to a jury's note is unpreserved for appellate review (CPL 470.05; see, People v. DeRosario, 81 N.Y.2d 801), and we decline to reach it in the interest of justice. Were we to consider it, we would find that the court properly responded to the jury's note and correctly explained the element of unlawful intent as it related to the evidence.
Concur — Milonas, J. P., Rosenberger, Nardelli, Rubin and Mazzarelli, JJ.