Judgment affirmed.
Defendant's guilt was proven beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620, 621). There was ample evidence from which the jury could infer that defendant intended to kill the victim based upon his conduct on the night in question ( see, People v. Barnes, 50 N.Y.2d 375; People v. Mackey, 49 N.Y.2d 274).
Since no objection was taken by defense counsel to the court's charge on intent, any error in that charge has not been preserved for appellate review as a matter of law ( People v. Glinsman, 107 A.D.2d 710; People v. Mandrachio, 79 A.D.2d 278, affd 55 N.Y.2d 906, cert denied 457 U.S. 1122).
The court properly exercised its discretion in allowing the prosecutor to introduce, on rebuttal, a sworn statement made by one of the People's witnesses in order to negate her testimony on cross-examination which had raised a possible justification defense not previously mentioned during direct examination. Even if such proof was not actually of a rebuttal nature, the trial court could have nevertheless permitted its introduction in the interest of justice (CPL 260.30; People v. Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047; People v. Sterling, 95 A.D.2d 927, 928). Mangano, J.P., Bracken, Rubin and Kunzeman, JJ., concur.