Opinion
December 20, 1993
Appeal from the Supreme Court, Queens County (Flug, J.).
Ordered that the judgment is affirmed.
The defendant contends that the court erred when, without giving him any prior notice, it convicted him of a charge which was neither contained in the indictment nor a lesser included offense meeting the criteria set forth in People v Glover ( 57 N.Y.2d 61). However, since the defendant never moved to set aside the verdict pursuant to CPL 330.30, this argument is unpreserved for appellate review (see, People v Alfaro, 66 N.Y.2d 985; cf., People v Ford, 62 N.Y.2d 275), and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's remaining argument is similarly unpreserved for appellate review (see, People v Bynum, 70 N.Y.2d 858; People v Udzinski, 146 A.D.2d 245), and is, in any event, without merit. Mangano, P.J., Balletta, Lawrence and O'Brien, JJ., concur.