People v. Stallings

— Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered January 10, 1989, which convicted defendant, after a jury trial, of murder *446in the second degree, and upon his plea of guilty, of attempted burglary in the second degree, and sentenced him to concurrent terms of 20 years to life and 1 to 3 years, respectively, unanimously affirmed.

Defendant’s claim that the trial court erred in instructing the jury that there was no death penalty in New York State is unpreserved for appellate review (see generally, People v Thomas, 50 NY2d 467, 470-472). In any event, were we to reach…