People v. Garcia

? Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered January 14, 1988, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the propriety of the trial court’s intent charge is unpreserved for appellate review (see, CPL 470.05 [2]; see also, People v Autry, 75 NY2d 836). In any event, the charge as a whole properly conveyed the ultimate burden of proof to the jury, and correctly instructed them with regard…