Opinion
February 1, 1994
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Defendant's contentions that the court erred in not allowing his witness to testify concerning his intent to purchase drugs and in not giving a circumstantial evidence charge are unpreserved for appellate review as a matter of law, and we decline to review them in the interest of justice. In any event the exclusion was harmless in view of the overwhelming evidence of guilt.
Concur — Sullivan, J.P., Ellerin, Kupferman, Rubin and Tom, JJ.