Opinion
274
February 19, 2002.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered March 15, 1994, 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 5½ to 11 years, unanimously affirmed.
SORAYA HURTADO, for respondent.
REED SMITH, for defendant-appellant.
Before: Andrias, J.P., Saxe, Sullivan, Rosenberger, Friedman JJ.
Since defendant raised no objection to the court's supplemental agency instructions, his current challenge to those instructions is unpreserved notwithstanding his prior requests to charge (see,People v. Whalen, 59 N.Y.2d 273, 280), and we decline to review it in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.