Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant's contentions that the trial court erred in failing to give a circumstantial evidence charge and in improperly restricting defense counsel's opening statement are not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review those contentions as a matter of discretion...
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