Opinion
February 10, 2000
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 6, 1997, convicting defendant, after a jury trial, of arson in the third degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.
Mary C. Farrington for the Respondent.
Daniel Ashworth for the Defendant-Appellant.
ROSENBERGER, J.P., ELLERIN, WALLACH, SAXE, JJ.
Each of defendant's challenges to the court's preliminary and main charges requires preservation (see, People v. Thomas, 50 N.Y.2d 467), and we decline to review these unpreserved claims in the interest of justice. Were we to review these claims, we would find that, although the court employed phrases that could be viewed in isolation as erroneous, the charge as a whole adequately conveyed the proper principles and did not deprive defendant of a fair trial (see, People v. Fields, 87 N.Y.2d 821; People v. Adams, 69 N.Y.2d 805).
Defendant's contention that the prosecutor elicited evidence suggesting uncharged crimes and criminal propensity is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the testimony in question contains no such suggestion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.