Opinion
October 25, 2001.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered June 1, 1999, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.
Mindy J. Levinson, for respondent.
Kathryn E. Smith, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Mazzarelli, Rubin, Buckley, JJ.
Defendant was not prejudiced by the court's refusal to instruct the jury that the foreperson's vote was entitled to the same weight as that of any other juror, since nothing in the court's charge suggested otherwise.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.