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PEOPLE v. MORTON

Appellate Division of the Supreme Court of New York, Second Department.
Nov 7, 2005
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Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention regarding the preliminary instructions given to the jury ( see CPL 270.40; People v. Robinson, 8 AD3d 502), and we decline to review such claim in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [a]; People v. Giddens, 202 AD2d 976; People v. Moore, 161 AD2d 733, 734).

The defendant's remaining contentions are either without merit or do not warrant reversal.