PEOPLE v. STEVEN FRANCIS

Ordered that the judgment is affirmed.

The People proved beyond a reasonable doubt that the defendant was in possession of an operable .38 caliber revolver. There was expert testimony that, although the weapon's revolving mechanism was not functioning properly, the weapon could be aligned manually and discharged, and that it had been test fired (see, People v. Howard, 37 A.D.2d 178; People v. Elfe, 37 A.D.2d 208). The defendant's additional claim of error with respect to the court's charge is unpreserved (see, People v. Hoke, 62 N.Y.2d 1022), and we decline to reach it in the interest of justice. Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.