People v. Coleman

240 A.D.2d 323, 659 N.Y.S.2d 754, 1997 N.Y. App. Div. LEXIS 6753

Opinion

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.