Opinion
March 9, 1995
Appeal from the Supreme Court, New York County (Juanita Bing-Newton, J.).
Defendant's claim that the court erred in failing to reinstruct the jury on the defense of agency is not preserved for appellate review as a matter of law, defendant having failed to object to the reinstruction, or to request reinstruction on agency (People v. Gibbons, 156 A.D.2d 263, lv denied 75 N.Y.2d 919) and we decline to review it in the interest of justice. Were we to consider the claim we would find that the form of the jury's written inquiry to the court for reinstruction on the definition of "seller" was clear and the court meaningfully responded to the supplemental question (People v. Almodovar, 62 N.Y.2d 126, 131). In addition, we find that there was no need for the court to provide further clarification on the agency defense, which was properly charged by the court before deliberations.
Concur — Ellerin, J.P., Rubin, Ross, Nardelli and Tom, JJ.