People v. Deliz — 244 A.D.2d 235

Majority

p. 235

(November 20, 1997)

The People of the State of New York, Respondent, v William Deliz, Appellant.

[665 NYS2d 839]

—Judgment, Supreme Court, Bronx County (John Collins, J.), rendered June 28, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 7 to 14 years, 7 to 14 years and 1 year, respectively, unanimously affirmed.

Since defendant made a vague exception and then expressly withdrew it, his present challenge to the court’s explanation of reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467 ), and we decline to

p. 236

review it in the interest of justice. Were we to review it, we would find that the charge as a whole conveyed the proper legal standards (see, People v Fields, 87 NY2d 821 ).

We have considered defendant’s other contentions and find them to be either without merit or unpreserved. Concur—Murphy, P. J., Milonas, Ellerin, Rubin and Tom, JJ.

Cases cited

People v. Thomas 50 NY2d 467 N.Y. 1980-06-05 p. 235
People v. Fields 87 NY2d 821 N.Y. 1995-11-29 p. 236