Opinion
2000-10966
Argued April 12, 2002.
May 8, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered November 27, 2000, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Harry Kresky, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Lauren J. Rocklin of counsel), for respondent.
Before: O'BRIEN, J.P., FRIEDMANN, MILLER, CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant's contentions that the Supreme Court gave the jury erroneous instructions regarding reasonable doubt and that the People failed to preserve Rosario material (see People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866) are unpreserved for appellate review (see CPL 470.05; People v. Bynum, 70 N.Y.2d 858). In any event, "the charge, taken as a whole, conveyed [to the jury] the correct rules which should be applied in arriving at decision" (People v. Ladd, 89 N.Y.2d 893, 895, quoting People v. Russell, 266 N.Y. 147, 153).
The defendant's remaining contentions are without merit.
O'BRIEN, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.