Opinion
March 25, 1991
Appeal from the Supreme Court, Kings County (Goldberg, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the trial court erred in failing to give the jury a circumstantial evidence charge is unpreserved for appellate review (see, CPL 470.05; People v Dawson, 115 A.D.2d 612), and, in any event, without merit (see, People v Barnes, 50 N.Y.2d 375).
The sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Brown, Sullivan and Eiber, JJ., concur.