Opinion
2002-10683.
Decided March 15, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered October 24, 2002, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Tziyonah M. Langsam of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the sentencing court improperly considered charges of which he was acquitted as a basis for imposing sentence is unpreserved for appellate review ( see CPL 470.05; People v. Emmanus, 300 A.D.2d 504), and, in any event, is without merit ( see People v. Emmanus, supra; People v. Robinson, 250 A.D.2d 629).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.