Opinion
November 13, 1990
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
The defendant contends that the verdict sheet submitted to the jury was not proper since it did not include his defense of alibi and did not refer to the presumption of innocence. The defendant, however, did not object to the submission of the verdict sheet to the jury. His contention is therefore unpreserved for appellate review as a matter of law (see, CPL 470.05; see also, People v. Lugo, 150 A.D.2d 502). Further, we decline to review the issue in the exercise of our interest of justice jurisdiction given the overwhelming evidence of the defendant's guilt (see, People v. West, 151 A.D.2d 526; see also, People v. McKenzie, 148 A.D.2d 472). Thompson, J.P., Lawrence, Eiber and Ritter, JJ., concur.