Opinion
June 5, 1989
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
The defendant's claim of error regarding the verdict sheets submitted to the jury is not preserved for appellate review since, unlike his codefendants (see, People v. Valle, 143 A.D.2d 160), he failed to object to their submission (CPL 470.05; People v. Nimmons, 72 N.Y.2d 830; People v. Rodriguez, 144 A.D.2d 598). Furthermore, we decline to review the claim in the interest of justice in view of the overwhelming evidence of guilt.
The defendant also contends that the court erred in refusing to preclude the testimony of those prosecution witnesses whose pretrial statements were included in a file of irretrievably lost police reports (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866). For the reasons stated in People v. Valle ( 143 A.D.2d 160, supra), we find this contention to be without merit.
Finally, we find no error in the court's denial of the defendant's motion to dismiss the indictment on speedy trial grounds (see, People v. Anderson, 66 N.Y.2d 529; People v Taranovich, 37 N.Y.2d 442; People v. Brown, 113 A.D.2d 812) or in the court's refusal to charge the jury on the defense of justification (see, Penal Law § 35.15; People v. Reynoso, 73 N.Y.2d 816; People v. Watts, 57 N.Y.2d 299; People v. Odinga, 143 A.D.2d 202; People v. Johnson, 125 A.D.2d 493). Rubin, J.P., Sullivan, Harwood and Balletta, JJ., concur.