Opinion
Argued December 9, 1999
January 27, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered July 8, 1998, convicting him of burglary in the third degree and petit larceny, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoleta J. Cafferi, and Kimathi Gordon-Somers of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the court erred in not giving a circumstantial evidence charge is not preserved for appellate review ( see, CPL 470.05; People v. Seaberry, 244 A.D.2d 581, 582; People v. Burgos, 170 A.D.2d 689), and we decline to reach it in the exercise of our interest of justice jurisdiction.
The defendant's sentence was not excessive ( see, People v. Taylor, 155 A.D.2d 630, 631; People v. Suitte, 90 A.D.2d 80, 86).
The defendant's remaining contentions are without merit.
O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.