PEOPLE v. FRAZER

Judgment affirmed.

Defendant's guilt was established beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620). As no exception to the charge was taken, defendant's contention that a portion of the charge could be interpreted as shifting the burden of proof on the justification defense is unpreserved for appellate review as a matter of law (CPL 470.05; see, People v. Cadorette, 56 N.Y.2d 1007). Under the circumstances of this case, including the overwhelming evidence of defendant's guilt, interest of justice review is not warranted. Mangano, J.P., Gibbons, Bracken and O'Connor, JJ., concur.