Majority
—Judgment, Supreme Court, New York County (Thomas Galligan, J.) rendered October 14, 1993, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him to concurrent terms oi 21h to 7 years, unanimously affirmed.
Defendant’s claim that the trial court failed to instruct the jurors to keep the four incidents separate in their minds is not preserved for appellate review as a matter of law (see, People v Drake, 204 AD2d 479 , lv denied 84 NY2d 907 ) and we decline to review it in the interest of justice. Were we to review it, we would find it to be without merit in light of the charge as a whole, which properly conveyed the appropriate standard (see, People v Hall, 169 AD2d 778 ). We likewise find defendant’s challenge to the prosecutor’s summation unpreserved and without merit. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.
Cases cited
- People v. Drake 204 AD2d 479 p. 294
- People v. Hall 169 AD2d 778 p. 294