Opinion
November 9, 1989
Appeal from the Supreme Court, New York County (Leslie C. Snyder, J.).
Defendant's claim has not been preserved for appellate review as a matter of law. Even if it had been, the precise instructions on acting in concert clearly eliminated any confusion that might have resulted from the Trial Judge's use of a hypothetical in the charge to the jury.
Concur — Ross, J.P., Carro, Asch, Kassal and Smith, JJ.