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PEOPLE v. KING

256 A.D.2d 14 (1998)

682 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE KING, Appellant.

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

Decided December 1, 1998.

Defendant's argument that the court's charge impermissibly removed from the jury's consideration the element of whether the substance in question was a controlled substance is a contention that requires preservation (People v Jones, 250 A.D.2d 434), and we decline to review this unpreserved argument in the interest of justice. Were we to reach this claim, we would find that the court charged the jury that the People were required...

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