Majority
p. 526The People of the State of New York, Respondent, v David A. Smith, Appellant.
—Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered May 12, 1984, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The sole claim of error on this appeal has not been preserved for review as a matter of law (see, People v Nuccie, 57
p. 527
NY2d 818 ; People v Liccione, 50 NY2d 850 ), and in view of the overwhelming evidence of defendant’s guilt, we decline to exercise our interest of justice jurisdiction. Bracken, J. P., Weinstein, Kunzeman and Kooper, JJ., concur.
Cases cited
- People v. Liccione 50 NY2d 850 p. 527