Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Victor Quinones, Appellant

196 A.D.2d 777603 N.Y.S.2d 727·New York Supreme Court, Appellate Division·1993·NY

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Opinion

The People of the State of New York, Respondent, v Victor Quinones, Appellant. [603 NYS2d 727] [MAJORITY] 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.