PEOPLE v. TRINH

Ordered that the judgment is affirmed.

The defendant's claim that the trial court should have charged the jury on the affirmative defense to robbery in the first degree under Penal Law § 160.15 (4) is unpreserved for appellate review ( see, CPL 470.05; People v. Cona, 49 N.Y.2d 26; People v. Lewis, 203 A.D.2d 389) and we decline to review the issue in the exercise of our interest of justice jurisdiction.

O'Brien, J. P., Sullivan, Pizzuto and Florio, JJ., concur.