Does the failure to give the jury a pertinent instruction constitute an error in the preservation and waiver rules?

A court's failure to give a deliberating jury a pertinent instruction does not constitute error so fundamental as to exempt it from preservation and waiver rules. People v. Bonaparte, 78 NY2d 26, 31 n. (1991). See, e.g., People v. Burgos, 248 AD2d 547 (2d Dep't), lv denied, 92 NY2d 923 (1998)(where defendant contended that the trial court failed to respond meaningfully to notes from the jury, held: contention unpreserved since defense counsel was given notice of the contents of the jury notes and had knowledge of the substance of the court's intended response but failed to raise a timely objection).