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People v. Smith

265 A.D.2d 158 Court N.Y. App. Div. Decision date 1999-10-05 English

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p. 158
The People of the State of New York, Respondent, v Michael Smith, Appellant.
[696 NYS2d 411]

—Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of two counts of burglary in the second degree, and sentencing

p. 159
him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

Defendant’s challenges to the court’s circumstantial evidence charge are unpreserved (see, People v Whalen, 59 NY2d 273 , 280), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper standards.

We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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