People v. Harper

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

During his preliminary instructions to the jury, the trial judge outlined the elements of each of the three robbery counts with which the defendant was charged. Because defendant failed *883to object to these instructions, his contention is unpreserved for our review (see People v Brown, 7 NY3d 880 [2006] [decided today]).

Defendant’s challenge to the hearing court’s determination involves a mixed question of law and fact and our review is therefore limited to whether there is record support for the…