Opinion
January 28, 1985
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Judgment affirmed.
Defendant's claim that the trial court erred in failing to deliver a circumstantial evidence charge has not been preserved for review inasmuch as no such charge was requested, and no exception to the charge as delivered was taken by defendant (CPL 470.05, subd 2; People v. Royster, 99 A.D.2d 761; People v Sumpter, 82 A.D.2d 869). In any event, such a charge was not warranted under the facts of this case. The sentence imposed was not improper. O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.