Opinion
May 4, 2000.
Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered November 7, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
John M. Moreira, for Respondent.
Catharine Easterly, for Defendant-Appellant.
SULLIVAN, P.J., NARDELLI, TOM, WALLACH, LERNER, JJ.
Defendant's challenge to the court's charge requires preservation (see, People v. Thomas, 50 N.Y.2d 467) and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the charge did not impose an affirmative obligation on any juror to articulate to the other jurors the basis for reasonable doubt or shift the burden of proof.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.