Defendant's argument that a comment made by the trial court in the course of the charge misled the jury into believing that defendant's mere presence at the scene of a drug sale was sufficient for a finding that he acted in concert with the seller, thereby depriving him of a fair trial, is unpreserved for appellate review as a matter of law, defendant having failed to object to this portion of the charge (CPL 470.05), and we decline to review the issue in the interest of...
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