PEOPLE v. LEWIS

Ordered that the judgment is affirmed.

The defendant's contentions that the trial court erred in admitting prejudicial flight testimony and failing to instruct the jury on the use of the flight testimony or the defense of temporary lawful possession are unpreserved for appellate review. We decline to reach the issues in the exercise of our interest of justice jurisdiction ( see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Madera, 198 A.D.2d 235; People v. Baldwin, 170 A.D.2d 687; People v. Sutherland, 166 A.D.2d 732).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.