Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred by instructing the jury with regard to (1) an "admission" he allegedly made, and (2) an attorney's right to prepare his witnesses, are unpreserved for appellate review (see, CPL 470.05 [2]). In any event, where, as here, the defendant's admission did not establish the act charged, the court was required to instruct the jury that it constituted circumstantial evidence...
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