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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD FITZGERALD, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the verdict sheet submitted to the jury was not proper is not preserved for appellate review since he failed to object to its submission (see, CPL 470.05; People v. Decambre, 143 A.D.2d 927; People v. Battles, 141 A.D.2d 748; cf., People v. Nimmons, 72 N.Y.2d 830). Since the record establishes the defendant's guilt by overwhelming evidence we decline to review this alleged error in the exercise of our interest of justice jurisdiction (see, People v. Pagan, 152 A.D.2d 756; People v. Lugo, 150 A.D.2d 502; cf., People v. Testaverde, 143 A.D.2d 208). Mangano, J.P., Bracken, Sullivan and Balletta, JJ., concur.

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PEOPLE v. FITZGERALD
(Jan 8, 1990)