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PEOPLE v. COLDEN

167 A.D.2d 413 (1990)

The People of the State of New York, Respondent, v. Michael Colden, Appellant

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

November 13, 1990

Ordered that the judgment is affirmed.

The defendant contends that the verdict sheet submitted to the jury was not proper since it did not include his defense of alibi and did not refer to the presumption of innocence. The defendant, however, did not object to the submission of the verdict sheet to the jury. His contention is therefore unpreserved for appellate review as a matter of law (see, CPL 470.05 [2]; see also, People v Lugo,

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