Opinion
March 9, 1993
Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).
Defendant's claims of error by the trial court in its charge to the jury are unpreserved by appropriate and timely exception for appellate review as a matter of law (CPL 470.05; People v Thomas, 50 N.Y.2d 467). In any event, the charge considered as a whole, while not a model for others, conveyed the appropriate legal principles (People v. Hurk, 165 A.D.2d 687, 688, lv denied 76 N.Y.2d 1021).
As the force encompassed by the reckless endangerment count was charged to the jury as a material element of the robbery counts, the sentence on the reckless endangerment count should have been imposed to run concurrently with the sentences imposed on the robbery counts (People v. Smiley, 121 A.D.2d 274, 275, lv denied 68 N.Y.2d 817).
We have considered defendant's additional arguments and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Rubin, JJ.