Opinion
February 20, 1996
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
The court's explanation to the jury that it was submitting lesser included offenses because there was "sufficient evidence to warrant it" was unnecessary, but did not convey that the court believed defendant was guilty of those crimes because in the very same portion of the charge it specifically told the jury otherwise ( compare, People v. Singleton, 64 A.D.2d 530).
We perceive no abuse of sentencing discretion, and defendant's other challenges to the sentence are without merit.
Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.