Opinion
June 7, 1991
Appeal from the Niagara County Court, Hannigan, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The evidence, including the police chemist's opinion that the substance seized was cocaine, was legally sufficient to support defendant's convictions (see, People v Harris, 130 A.D.2d 939, 940, lv denied 70 N.Y.2d 647). The trial court properly permitted unindicted coconspirator DiGregorio to testify about defendant's threat against him because it was probative of defendant's consciousness of guilt (see, People v Reyes, 162 A.D.2d 357, lv denied 76 N.Y.2d 896; People v Whaley, 144 A.D.2d 510, lv denied 73 N.Y.2d 897). Defendant's contention that the court erred in its no inference charge (see, CPL 300.10) was not preserved for review and we decline to reach it in the interest of justice because the charge given did not expressly convey to the jury that defendant should have testified (see, People v Autry, 75 N.Y.2d 836, 839; People v Collins, 170 A.D.2d 1006). We have considered the remaining contentions raised by counsel and defendant pro se and find them lacking in merit.