Opinion
July 12, 1989
Appeal from the Orleans County Court, Miles, J.
Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the court committed reversible error by submitting to the jury sheets containing elements of the crime, without defendant's consent, relying on People v Nimmons ( 72 N.Y.2d 830). Unlike the facts in Nimmons, however, this issue is unpreserved, and we decline to reach it in the interest of justice (CPL 470.15).
We have examined defendant's remaining contentions and find them to be without merit.