Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Defendant's vague objection failed to preserve his present challenges to the court's instruction concerning his failure to testify ( see, People v. Nuccie, 57 N.Y.2d 818), and we decline to review them in the interest of justice. Were we to review them, we would find that the court's minor expansion on the statutory language does not warrant reversal ( see, People v. Santiago, 194 A.D.2d 428, lv denied 82 N.Y.2d 759).
The court lawfully sentenced defendant to consecutive terms for murder and second-degree weapon possession. The evidence fails to support defendant's position that those convictions both arose out of a single act — the shooting of the victim. Rather, the evidence established defendant's possession of the revolver with the intent to use it unlawfully at a point temporally and spatially distinct from his ultimate use of the revolver to kill the victim ( see, People v. Brown, 80 N.Y.2d 361; People v. Felix, 232 A.D.2d 228, lv denied 89 N.Y.2d 864).
We perceive no abuse of sentencing discretion. We have considered the additional arguments raised by defendant in his pro se supplemental brief and find them to be without merit.
Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.