People v. Coleman — 240 A.D.2d 323

Majority

p. 323

The People of the State of New York, Respondent, v Charles Theodore Coleman, Appellant.

[659 NYS2d 754]

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 19, 1995, convicting defendant, after a jury trial, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s challenge to the court’s instruction on criminal facilitation as a possible intended crime, satisfying the element of intent to commit a crime under attempted burglary, is unpreserved (see, People v Nuccie, 57 NY2d 818 , 819), and, in any event, without merit since the charge as a whole conveyed the proper standard (People v Coleman, 70 NY2d 817 ).

We perceive no abuse of sentencing discretion. Concur— Sullivan, J. P., Milonas, Williams and Tom, JJ.

Cases cited

People v. Nuccie 57 NY2d 818 N.Y. 1982-10-07 at 819 p. 323
People v. Coleman 70 NY2d 817 N.Y. 1987-11-12 p. 323