People v. Wilson — 199 A.D.2d 446

Majority

p. 446

The People of the State of New York, Respondent, v Berry Wilson, Also Known as Perry Wilson, Appellant.

[605 NYS2d 384]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered December 18, 1991, convicting him of criminal possession of stolen property in the fifth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court erred when, without giving him any prior notice, it convicted him of a charge which was neither contained in the indictment nor a lesser included offense meeting the criteria set forth in People v Glover ( 57 NY2d 61 ). However, since the defendant never moved to set aside the verdict pursuant to CPL 330.30, this

p. 447

argument is unpreserved for appellate review (see, People v Alfaro, 66 NY2d 985 ; cf., People v Ford, 62 NY2d 275 ), and we decline to review it in the exercise of our interest of justice jurisdiction.

The defendant’s remaining argument is similarly unpreserved for appellate review (see, People v Bynum, 70 NY2d 858 ; People v Udzinski, 146 AD2d 245 ), and is, in any event, without merit. Mangano, P. J., Balletta, Lawrence and O’Brien, JJ., concur.

Cases cited

People v. Glover 57 NY2d 61 N.Y. 1982-06-23 p. 446
People v. Alfaro 66 NY2d 985 N.Y. 1985-12-19 p. 447
People v. Ford 62 NY2d 275 N.Y. 1984-05-15 p. 447
People v. Bynum 70 NY2d 858 N.Y. 1987-11-24 p. 447
People v. Udzinski 146 AD2d 245 N.Y. App. Div. 1989-04-17 p. 447