People v. Alexander

168 A.D.2d 297, 562 N.Y.S.2d 938, 1990 N.Y. App. Div. LEXIS 15109

Opinion

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered May 30, 1989, convicting defendant, after a jury trial, of attempted robbery in the second degree and, upon his plea of guilty, of attempted robbery in the first degree and sentencing him to concurrent terms of 3 Vi to 7 years and 4 to 8 years, respectively, unanimously affirmed.

Defendant’s challenge to the court’s expanded no-adverse-inference charge is unpreserved for review as a matter of law (CPL 470.05 [2]; People v Autry, 75 NY2d 836). We find no reason to review in the interest of justice (see, People v Autry, supra). In any event, the challenged charge did not impermissibly comment on any failure of a defendant to offer sworn testimony (compare, People v McLucas, 15 NY2d 167, 171) and was consistent with CPL 300.10 (2) and we decline to reverse for minor expansion beyond the statutory language (People v Diggs, 151 AD2d 359, 362). We have examined defendant’s remaining contentions and find them to be meritless. Concur —Kupferman, J. P., Sullivan, Milonas, Rosenberger and Kassal, JJ.