Opinion
December 30, 1992
Appeal from the Oneida County Court, Buckley, J.
Present — Callahan, J.P., Pine, Lawton, Boehm and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the verdict finding defendant guilty of two counts of burglary in the first degree (Penal Law § 140.30, [3]) is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). There is no merit to defendant's contention that his conviction of assault in the second degree (Penal Law § 120.05) must be reversed because it is an inclusory concurrent offense of burglary in the first degree under Penal Law § 140.30 (2) (see, People v Graham, 127 A.D.2d 443, 446; cf., People v Jordan, 93 A.D.2d 871). Further, we conclude that the sentence imposed was neither harsh nor excessive.
Additionally, we find no merit to defendant's contention, raised in his supplemental pro se brief, that he was denied effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137). We have reviewed the other contentions raised by defendant and find them to be without merit.