Opinion
February 16, 2000
Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Burglary, 2nd Degree.
PRESENT: GREEN, A. P. J., WISNER, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contention that the police failed to honor his right to remain silent ( see, People v. Mandrachio, 55 N.Y.2d 906, 907, cert denied 457 U.S. 1122). In any event, that contention is without merit. The record does not demonstrate that defendant made an unequivocal and unqualified assertion of his right to remain silent ( see, People v. Morton, 231 A.D.2d 927, 928, lv denied 89 N.Y.2d 944). The sentence is neither unduly harsh nor severe.