Opinion
February 20, 1992
Appeal from the Supreme Court, New York County (Richard C. Failla, J.).
Defendant's argument that the court's supplemental charge erroneously defined the term "dwelling" as used in the burglary statute to encompass the small, unlocked public vestibule leading to complainant's apartment building is unpreserved (CPL 470.05), and we decline to review the issue in the interest of justice. In any event, the evidence adduced at trial established overwhelmingly that the offense occurred beyond the threshold of the second, locked hallway door, in an area of the building that was indisputably part of complainant's dwelling (People v. Torres, 162 A.D.2d 385, lv denied 76 N.Y.2d 897).
Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.