Opinion
May 5, 1997
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50(5).
The defendant's claim that the trial court committed reversible error when it failed to give a limiting instruction regarding the jury's use of uncharged crime evidence is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19). No objection was made at the time the evidence was introduced, and no request for an instruction regarding uncharged crime evidence was ever made.
The court properly rejected the defendant's attempt to use jurors' affidavits regarding the tenor of their deliberations to impeach the verdict and, thus, properly denied the defendant's motion to set aside the verdict (see, People v. Brown, 48 N.Y.2d 388; People v. Small, 201 A.D.2d 315; People v. James, 112 A.D.2d 380).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J. P., Copertino, Thompson and Krausman, JJ., concur.