People v. Mitchell — 282 A.D.2d 691

Majority

p. 691

The People of the State of New York, Respondent, v Johnnie Lee Mitchell, Appellant.

[723 NYS2d 683]

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered August 3, 1999, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his sentence should be vacated because the sentencing court failed to set forth, on the record, its reasons for finding that his “history and character * * * and the nature and circumstances of his criminal conduct indicate that extended incarceration and lifetime supervision

p. 692

of the defendant will best serve the public interest” (Penal Law § 70.10 [2]). This claim is unpreserved for appellate review (see, People v Proctor, 79 NY2d 992 ; People v Oliver, 63 NY2d 973 ; cf., People v Morse, 62 NY2d 205 ), and we decline to review it in the exercise of our interest of justice jurisdiction.

The defendant’s remaining contentions are without merit (see, People v Thomas, 255 AD2d 468 ; People v La Mountain, 249 AD2d 584 ; People v Batista, 235 AD2d 631 ; People v Turner, 234 AD2d 704 ; People v Brown, 157 AD2d 790 , 792; People v Cunningham, 106 AD2d 683 ). Altman, J. P., Florio, Schmidt and Smith, JJ., concur.

Cases cited

People v. Proctor 79 NY2d 992 N.Y. 1992-04-30 p. 692
People v. Oliver 63 NY2d 973 N.Y. 1984-11-13 p. 692
People v. Morse 62 NY2d 205 N.Y. 1984-05-17 p. 692
People v. Thomas 255 AD2d 468 N.Y. App. Div. 1998-11-16 p. 692
People v. La Mountain 249 AD2d 584 N.Y. App. Div. 1998-04-02 p. 692
People v. Batista 235 AD2d 631 N.Y. App. Div. 1997-01-09 p. 692
People v. Turner 234 AD2d 704 N.Y. App. Div. 1996-12-12 p. 692
People v. Brown 157 AD2d 790 N.Y. App. Div. 1990-01-22 at 792 p. 692
People v. Cunningham 106 AD2d 683 N.Y. App. Div. 1984-12-06 p. 692