PEOPLE v. SANTOS

Defendant's challenge to the court's instructions on the elements of robbery in the first degree and the court's response to a jury note which sought clarification of whether defendant must have intended to physically injure as well as forcibly steal is unpreserved for review as a matter of law (CPL 470.05; People v Thomas, 51 N.Y.2d 466). In any event, review in the interest of justice is unwarranted, as we perceive no error on this record.

Concur — Murphy, P.J., Milonas, Ross, Asch and Rubin, JJ.