Opinion
KA 01-01544
June 13, 2003.
Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered May 7, 2001, convicting defendant after a jury trial, of inter alia, burglary in the third degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of one count each of burglary in the third degree (Penal Law 140.20), attempted burglary in the third degree (110.00, 140.20) and attempted petit larceny (110.00, 155.25) and two counts of criminal mischief in the fourth degree (145.00). Defendant failed to preserve his present contentions for our review ( see People v. Dickens, 88 N.Y.2d 1031, 1032-1033; People v. Honeycutt, 267 A.D.2d 1007), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).