People v. Olstin — 171 A.D.2d 889

Majority

p. 889

The People of the State of New York, Respondent, v Gilberto Olstin, Also Known as Gilberto Ostin, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered May 5, 1989, convicting him of criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in failing to give the jury a circumstantial evidence charge is unpreserved for appellate review (see, CPL 470.05 [2]; People v Dawson, 115 AD2d 612 ), and, in any event, without merit (see, People v Barnes, 50 NY2d 375 ).

The sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 AD2d 80 ). Mangano, P. J., Brown, Sullivan and Eiber, JJ., concur.

Cases cited

People v. Dawson 115 AD2d 612 N.Y. App. Div. 1985-12-16 p. 889
People v. Barnes 50 NY2d 375 N.Y. 1980-06-03 p. 889
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 889