People v. Fair

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [4]). Defendant contends that County Court erred in failing to charge the affirmative defense that the weapon was inoperable. By failing to request that charge, defendant has failed to preserve his present contention for our review (see, CPL 470.05 [2]; People v Huynh, 223 AD2d 463, lv denied 88 NY2d 849). In any event, defendant chose to pursue the defense of duress at trial, and the sua sponte delivery of a charge on the…