Opinion
January 31, 1991
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant's challenge to the court's instructions on the elements of robbery in the first degree and the court's response to a jury note which sought clarification of whether defendant must have intended to physically injure as well as forcibly steal is unpreserved for review as a matter of law (CPL 470.05; People v Thomas, 51 N.Y.2d 466). In any event, review in the interest of justice is unwarranted, as we perceive no error on this record.
Concur — Murphy, P.J., Milonas, Ross, Asch and Rubin, JJ.