Opinion
December 13, 1999
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 9, 1997, convicting him of criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Cynthia Colt of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Jonathan J. Silbermann and Jillian S. Harrington of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the count of the indictment upon which he was convicted was duplicitous, and that the trial court's reasonable doubt charge was improper, are both unpreserved for appellate review ( see, CPL 470.05; People v. Robinson, 88 N.Y.2d 1001; People v. Shakur, 249 A.D.2d 424, 425). In any event, the claim are without merit.
The trial record demonstrates that the count of the indictment charging the defendant with criminal possession of a controlled substance in the seventh degree was not duplicitous; it was made clear to the jury that this count referred to the drugs which were provided by the defendant to the undercover officer ( see, People v. Shakur, supra). Additionally, the trial court's reasonable doubt charge was taken almost verbatim from New York's Criminal Pattern Jury Instructions ( see 1 CJI [NY] 62.0, at 249-250) and was not improper in any way ( see, People v. Morgan, 199 A.D.2d 143, 144; People v. Hill, 154 A.D.2d 887, 888; People v. Hammond, 143 A.D.2d 1043, 1044).
BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.