Opinion
October 2, 1995
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant and an unapprehended accomplice shot and killed the manager of a clothing store in Brooklyn during a robbery.
The defendant failed to preserve for appellate review his two arguments concerning the court's charge to the jury (see, CPL 470.05). In any event, the charge, as a whole, conveyed the proper standards to the jury (see, People v. Smalls, 185 A.D.2d 863; People v. Nelson, 171 A.D.2d 702).
The defendant's sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Rosenblatt, Thompson and Ritter, JJ., concur.