Opinion
November 16, 1994
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Green, J.P., Pine, Lawton, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The verdict is supported by sufficient evidence and is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). By failing to object to the court's charge, defendant failed to preserve for review his contention that the jury should have been instructed that the People had to prove defendant's knowledge of the weight of the controlled substance, and we decline to review the issue as a matter of discretion in the interest of justice (see, People v. Ivey, 204 A.D.2d 16). Defendant's sentence is neither harsh nor excessive.