Opinion
2000-10561
Submitted May 21, 2003.
June 9, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered November 14, 2000, convicting him of criminal mischief in the second degree, petit larceny, criminal possession of stolen property in the fifth degree, and possession of burglar's tools, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., and Patterson, Belknap, Web Tyler LLP, New York, N.Y. (Estella J. Schoen of counsel), for appellant (one motion filed).
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Lauren Breitman of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
CISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court's charge to the jury regarding accomplice liability did not unlawfully amend the indictment or impermissibly introduce a new theory of culpability into the case (see People v. Rivera, 84 N.Y.2d 766, 769).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are not reviewable or are without merit.
RITTER, J.P., FEUERSTEIN, McGINITY, TOWNES and COZIER, JJ., concur.