Defendant's claim regarding the court's failure to charge the jury on an element of rape in the first degree is unpreserved for review as a matter of law (People v Smolen, 166 N.Y.2d 248, 249, lv denied 77 N.Y.2d 844), and we decline to review it in the interest of justice. If we were to review it, we would find that where defendant was charged with attempted rape in the first degree, the court's instructions as a whole adequately conveyed to the jury that it...
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