Opinion
Decided February 23, 2004.
Appeal by defendant from a judgment of the Criminal Court, Kings County (T. Faber, J.), rendered April 16, 2002, after a jury trial, convicting her of menacing in the third degree (Penal Law § 120.15) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
Defendant contends that the trial court erred in permitting the People to amend, prior to trial, the accusatory instrument to add attempt charges and the menacing in the third degree charge ( see CPL 100.45). However, we find that defendant has failed to preserve this issue for appellate review since she did not object to the amendment in the trial court ( see CPL 470.05), and we decline to exercise our power to address it as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).