Judgment unanimously affirmed.
Memorandum:
Since defendant failed to except to the court's charge as given, his claims that the court failed to marshal the evidence adequately and that it improperly instructed the jury were not preserved for our review as a matter of law (CPL 470.05 [2]), and we decline to exercise our discretion to reverse the conviction in "the interest of justice" (CPL 470.15 [3] [c]; see, People v Peoples,
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