People v. Quinones

196 A.D.2d 777, 603 N.Y.S.2d 727, 1993 N.Y. App. Div. LEXIS 8834

Opinion

Judgment, Supreme Court, New York County (Harold J. Rothwax, J.), rendered February 20, 1991, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3 V2 to 7 years, unanimously affirmed.

Under the facts of this case, the trial court did not abuse its discretion in declining to submit to the jury the non-inclusory concurrent count of criminal possession of stolen property (CPL 300.40 [3] [a]; see, People v Bergerson, 105 AD2d 867, 868). The sentence imposed was not excessive under the circumstances. Concur—Murphy, P. J., Sullivan, Kupferman and Nardelli, JJ.