Opinion
February 18, 1992
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
The defendant was charged by Queens County Indictment Number 208/89, inter alia, with the murder of James Cobell and the attempted murder of James Barry. Both crimes occurred on the afternoon of September 15, 1988, during an extended transaction. Three individuals testified on behalf of the People that they witnessed both crimes, and the proof against the defendant was overwhelming as to both.
We find that the imposition of consecutive sentences with respect to the convictions of murder and attempted murder was proper since these crimes were not committed through a single act (see, People v. Braithwaite, 63 N.Y.2d 839; People v. Murray, 168 A.D.2d 572) and the sentences imposed were not unduly harsh (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review, and we decline to address them in the exercise of our interest of justice jurisdiction. Thompson, J.P., Rosenblatt, Lawrence and Miller, JJ., concur.