Opinion
October 21, 1999
Michael S. Morgan for Respondent.
Daniel A. Warshawsky for Defendant-Appellant.
SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, FRIEDMAN, JJ.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of two counts of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.
Defendant's challenges to the court's circumstantial evidence charge are unpreserved (see, People v. Whalen, 59 N.Y.2d 273, 280), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper standards.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.