Opinion
September 30, 1985
Appeal from the Supreme Court, Queens County (Naro, J.).
Judgment affirmed.
Defendant's claims of error with respect to the court's charge have not been preserved for appellate review as a matter of law, and a reversal in the interest of justice is not warranted under the circumstances of this case (see, People v Whalen, 59 N.Y.2d 273; People v Culhane, 45 N.Y.2d 757, cert denied 439 U.S. 1047; People v Smith, 100 A.D.2d 857; People v Herbert, 100 A.D.2d 883).
We have considered defendant's claim that his sentence is excessive and find it to be devoid of merit. Accordingly, we decline to exercise our discretion to disturb the term of imprisonment imposed by the sentencing Judge (see, People v Suitte, 90 A.D.2d 80). Gibbons, J.P., Thompson, Weinstein and Kunzeman, JJ., concur.