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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS PEREZ, Appellant.

Judgment affirmed.

Proof of the defendant's guilt was overwhelming. Any error in the court's failure to instruct the jury to disregard matters of sentence and punishment is unpreserved for appellate review and does not warrant reversal in the interest of justice (see, People v. Billman, 17 A.D.2d 989; People v. Thomas, 50 N.Y.2d 467; cf. People v. Patterson, 39 N.Y.2d 288, affd 432 U.S. 197). We find no merit to the defendant's remaining contentions, including his claim of excessive sentence. Mangano, J.P., Thompson, Brown and Weinstein, JJ., concur.

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PEOPLE v. PEREZ
(Mar 10, 1986)