PEOPLE v. MASON

Judgment unanimously affirmed. Memorandum: Defendant's sole argument on appeal is that the trial court erred in instructing the jury regarding the element of intent on the burglary count of the indictment. That issue was not preserved for our review (see, CPL 470.05; People v. Lipton, 54 N.Y.2d 340, 351), and we decline to exercise our discretion to review it in the interest of justice (see, CPL 470.15 [a]; People v. Davis, 165 A.D.2d 610; People v. Boyd, 161 A.D.2d 1145, lv denied 76 N.Y.2d 785).