People v. Romero

197 A.D.2d 493, 604 N.Y.S.2d 714, 1993 N.Y. App. Div. LEXIS 10059

Opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered November 26,1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent prison terms of 5 to 10 years, unanimously affirmed.

Defendant’s challenge to the court’s "no inference” charge as given is unpreserved for appellate review as a matter of law. Were we to consider the claim, we would affirm as the court’s charge did not draw undue attention to defendant’s decision not to testify (People v Nunez, 182 AD2d 527, lv denied 80 NY2d 836). Concur—Carro, J. P., Rosenberger, Ellerin and Kassal, JJ.