Because defendant did not object or make any record with respect to his claim that the court failed to meaningfully respond to the jury note, the claim is both unpreserved (CPL 470.05) and unreviewable on direct appeal ( People v Brown, 192 A.D.2d 666, lv denied 81 N.Y.2d 1070).
Since a conviction on the third degree criminal sale count required a conviction on the third degree criminal possession count, the latter should have been dismissed in the interest of justice as a noninclusory concurrent count ( People v Gaul, 63 A.D.2d 563).
In light of defendant's prior record and employment background, the court's imposition of the maximum sentence of 12 1/2 to 25 years for the sale conviction is excessive, and we reduce in the interest of justice to the extent indicated.
Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Tom, JJ.