Opinion
January 29, 1988
Appeal from the Supreme Court, Monroe County, Reed, J.
Present — Dillon, P.J., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the court's instructions on circumstantial evidence proving intent were inadequate and prejudicial; that the court's instructions on impeachment of credibility by evidence of prior conviction were inadequate and prejudicial; that the court's instructions on the effect of intoxication on intent were inadequate and prejudicial; and that the court improperly marshaled the evidence. None of these claimed errors was preserved for our review (CPL 470.05), and we decline to exercise our discretion in the interest of justice (CPL 470.15 [c]; [6] [a]). Moreover, were we to reach the merits, we would affirm.