Opinion
Submitted February 10, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered April 30, 1997, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Denise Fabiano of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Alyson J. Gill of counsel; Connie Gonzalez on the brief), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the fingerprint which linked him to the burglary established his guilt beyond a reasonable doubt and excluded every hypothesis of innocence (see,People v. Sparracino, 150 A.D.2d 814 ).
The defendant's contention that the jury charge constituted reversible error is unpreserved for appellate review (see, CPL 470.05 [2]; People v. DeJesus, 245 A.D.2d 298 ), and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
SANTUCCI, J.P., JOY, GOLDSTEIN, and SCHMIDT, JJ., concur.