Opinion
November 19, 1993
Appeal from the Monroe County Court, Maloy, J.
Present — Callahan, J.P., Balio, Lawton, Boomer and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant correctly contends that County Court erred in failing to charge the jury that his statement to the police would be involuntary if he had asserted his right to remain silent or had requested counsel during questioning (see, CPL 710.20; People v Griswold, 58 N.Y.2d 633, 635; People v Graham, 55 N.Y.2d 144). Because defendant failed to object to the court's instruction on voluntariness, however, that error has not been preserved for our review (see, CPL 470.05; People v Roth, 139 A.D.2d 605, 608, lv denied 72 N.Y.2d 866; see also, People v Thomas, 50 N.Y.2d 467) and we decline to reach the issue as a matter of discretion in the interest of justice (see, CPL 470.15).