Appellate Division of the Supreme Court of New York, 1985

People v. Smith

People v. Smith
Appellate Division of the Supreme Court of New York · Decided October 28, 1985
114 A.D.2d 526; 494 N.Y.S.2d 1006; 1985 N.Y. App. Div. LEXIS 53234
People v. Smith

Opinion of the Court

—Appeal by defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered May 12, 1984, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The sole claim of error on this appeal has not been preserved for review as a matter of law (see, People v Nuccie, 57 *527NY2d 818; People v Liccione, 50 NY2d 850), and in view of the overwhelming evidence of defendant’s guilt, we decline to exercise our interest of justice jurisdiction. Bracken, J. P., Weinstein, Kunzeman and Kooper, JJ., concur.

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