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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE LUGO, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the verdict sheet submitted to the jury was not proper is unpreserved 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 Rodriguez, 144 A.D.2d 598; People v Battles, 141 A.D.2d 748; cf., People v Nimmons, 72 N.Y.2d 830; People v Valle, 143 A.D.2d 160; People v Gillispie, 144 A.D.2d 482), and we decline to review it in the interest of justice given the overwhelming evidence of the defendant's guilt (cf., People v Testaverde, 143 A.D.2d 208; People v McKenzie, 148 A.D.2d 472). Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.

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PEOPLE v. LUGO
(May 8, 1989)