Opinion
June 9, 1995
Appeal from the Onondaga County Court, Burke, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that County Court erred in submitting a verdict sheet to the jury that omitted any reference to the defense of justification (see, People v. Alpheaus, 207 A.D.2d 1002, lv denied 84 N.Y.2d 1008; People v. Alexander, 190 A.D.2d 1052, 1053, lv denied 81 N.Y.2d 967). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). There is no merit to the contention of defendant that he was deprived of a fair trial by undue influence or misconduct on the part of one of the jurors (cf., People v. Legister, 75 N.Y.2d 832; People v. Brown, 48 N.Y.2d 388).