Opinion
March 9, 1993
Appeal from the Supreme Court, New York County (Clifford Scott, J.).
Defendant was observed by an undercover stakeout as he sold crack to four individuals over a 10 minute period. When police moved in, he discarded the bag containing the drugs.
Defendant has failed to preserve for review any of his present challenges to the court's instructions, and we decline to review these purported challenges in the interest of justice. Were we to consider the challenges, we would find that the charge, in its entirety, did not shift the burden of proof and the Allen charge was not coercive. Nor has defendant preserved his challenge to the annotated verdict sheet (People v. Halbert, 175 A.D.2d 88, affd 80 N.Y.2d 865). We have considered defendant's remaining claims and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Ross and Kassal, JJ.