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PEOPLE v. STEWART

197 A.D.2d 897 (1993)

604 N.Y.S.2d 859

The People of the State of New York, Respondent, v. Carl Stewart, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993

Judgment unanimously affirmed.

Memorandum:

Defendant, by failing to object to the court's additional instructions to the jury, did not preserve for appellate review his contention that the court erred in its instruction concerning the crime of sexual abuse in the third degree. We decline to exercise our discretion to review that issue in the interest of justice (see, CPL 470.15 [6] [a]; People v Lipton, 54 N.Y.2d 340

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