Opinion
April 10, 1989
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
Although the court's charge on burglary in this case was inaccurate concerning the element of entering or remaining unlawfully in a building (see, Penal Law § 140.00), we find that the error does not require reversal. The record establishes that even assuming that the defendant had permission to enter the apartment in which the shooting occurred, that permission had been obtained solely through the deception of a codefendant. Entry through deception is the same as entry without license or privilege for purposes of the statute (see, People v. Thompson, 116 A.D.2d 377, 381). Given the overwhelming evidence of guilt in this case, we find that the error in the charge was harmless.
We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find that they are either unpreserved for appellate review or without merit. Mollen, P.J., Mangano, Brown and Harwood, JJ., concur.