Opinion
December 8, 1986
Appeal from the Supreme Court, Kings County (Potoker, J.).
Ordered that the judgment is affirmed.
The record reveals that the defendant failed to raise his present contentions concerning alleged errors in the jury charge in the court of first instance. Thus, he has failed, as a matter of law, to preserve those issues for appellate review (see, People v. Chin, 67 N.Y.2d 22; People v. Cona, 49 N.Y.2d 26; People v. Rios, 100 A.D.2d 521). In any event, we note that the court's charge concerning accessorial liability and intoxication was proper.
Additionally, we find the sentence imposed to be well within the bounds of the court's sound discretion and neither harsh nor excessive in view of the defendant's history of criminal activity and the serious nature of the instant offense (see, People v Farrar, 52 N.Y.2d 302; People v. Suitte, 90 A.D.2d 80). Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.