207 A.D.2d 1002 (1994)

617 N.Y.S.2d 691

The People of the State of New York, Respondent, v. Iesha A. Alpheaus, Appellant

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

September 30, 1994

Judgment unanimously affirmed.


The jury's verdict convicting defendant of assault in the first degree (Penal Law § 120.10 [1]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant failed to preserve for review her contentions that the trial court erred in failing to instruct the jury on the defense of justification (see, CPL 470.05 [2]; People v Harrell, 59 N.Y.2d 620, 622) and in submitting the verdict sheet to the jury (see, People v Marinescu, 175 A.D.2d 141; People v Ahalt, 170 A.D.2d 982, lv denied 78 N.Y.2d 953). We decline to review those issues as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Ahalt, supra). Finally, the sentence is not unduly harsh or excessive.


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