Opinion
October 12, 1993
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
The People proved defendant's guilt beyond a reasonable doubt. Defendant himself stated that he was living in the apartment at the time when the police found the drug cache. Also, defendant failed to preserve his claim that the jury received an improper two inference instruction (see, People v. DeMatteis, 186 A.D.2d 460, 461, lv denied 81 N.Y.2d 969), and we decline to review in the interest of justice. Were we to review, we would find the claim without merit, since the charge did not diminish the People's burden of proof (People v. Jeffries, 180 A.D.2d 554, lv denied 80 N.Y.2d 833).
Finally, the sentence imposed was not unduly harsh since the court properly concluded that the defendant was in the drug distribution business (see, People v. Farrar, 52 N.Y.2d 302, 305-306).
Concur — Carro, J.P., Rosenberger, Ross and Asch, JJ.