"It was not an abuse of discretion for the trial court to rule that evidence of defendant's height would be limited to permitting defendant to stand for the jury to observe." (People v. Rice, 75 N.Y.2d 929, 932.) Nor was it an abuse of discretion to restrict cross-examination of the arresting officer concerning whether he had measured the height of defendant and other persons (People v. Schwartzman, 24 N.Y.2d 241, 244, cert denied 396 U.S. 846).
Defendant's claim that the court should have instructed the jury on the affirmative defense to robbery in the first degree under Penal Law § 160.15 (4) is unpreserved and we decline to review it in the interest of justice. In any event, giving such an instruction sua sponte would have interfered with defense strategy (People v. Maldonado, 175 A.D.2d 698).
Concur — Asch, J.P., Rubin, Nardelli and Tom, JJ.