People v. Henry

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third, fourth and seventh degrees. Defendant failed to object to County Court’s Allen charge (see, Allen v United States, 164 US 492) and, thus, his contention concerning the Allen charge is unpreserved (see, CPL 470.05 [2]). Were we to exercise our power to reach that issue as a matter of…