175 A.D.2d 136 | N.Y. App. Div. | 1991
— Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered November 13, 1989, convicting him of burglary in the third degree under Indictment No. 4392/89, upon a jury verdict, and imposing sentence, and (2), as limited by his brief, from a sentence of the same court, also imposed November 13, 1989, upon his conviction of attempted burglary in the second degree under Indictment No. 3820/89, upon his plea of guilty.
Ordered that the judgment and sentence are affirmed.
As the defendant failed to object to either the court’s original or supplemental charge on burglary in the third degree, his claim that the trial court’s charge was improper is unpreserved for appellate review (see, People v Bynum, 70 NY2d 858; People v Santana, 172 AD2d 299). In view of the overwhelming evidence of defendant’s guilt we decline to reach his contention in the exercise of our interest of justice jurisdiction.