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PEOPLE v. MATHIS

Appellate Division of the Supreme Court of New York, Second Department.
May 15, 1989

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; People v Gillispie, 144 A.D.2d 482; People v Valle, 143 A.D.2d 160), and we decline to review it in the exercise of our interest of justice jurisdiction given the overwhelming evidence of the defendant's guilt (cf., People v McKenzie, 148 A.D.2d 472; People v Testaverde, 143 A.D.2d 208). Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.