Opinion
March 29, 2001.
April 23, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 3, 1999, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Deirdre M. Butterfield, Huntington, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael J. Miller and Steven A. Hovani of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
The defendant contends that his sentence should be vacated because the sentencing court failed to set forth, on the record, its reasons for finding that his "history and character * * * and the nature and circumstances of his criminal conduct indicate that extended incarceration and lifetime supervision of the defendant will best serve the public interest" (Penal Law § 70.10). This claim is unpreserved for appellate review (see, People v. Proctor, 79 N.Y.2d 992; People v. Oliver, 63 N.Y.2d 973; cf., People v. Morse, 62 N.Y.2d 205), and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's remaining contentions are without merit (see, People v. Thomas, 255 A.D.2d 468; People v. LaMountain, 249 A.D.2d 584; People v. Batista, 235 A.D.2d 631; People v. Turner, 234 A.D.2d 704; People v. Brown, 157 A.D.2d 790, 792; People v. Cunningham, 106 A.D.2d 683).
ORDERED that the judgment is affirmed.