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PEOPLE v. WEST
Appellate Division of the Supreme Court of New York, Second Department.
Jun 5, 1989
Ordered that the judgment is affirmed.
The defendant contends that he was denied a fair trial by the submission of an improper verdict sheet to the jury prior to the commencement of its deliberations. Having failed to object to this alleged error, however, any issue of law with respect thereto is unpreserved for appellate review (CPL 470.05; People v. Rodriquez, 144 A.D.2d 598; People v. Decambre, 143 A.D.2d 927; People v. Battles, 141 A.D.2d 748; People v. Williams, 138 A.D.2d 430; People v. Monroe, 135 A.D.2d 741). In light of the overwhelming evidence of guilt, we decline to reach this issue in the interest of justice (cf., People v. McKenzie, 148 A.D.2d 472). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.
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