People v. Stewart

—Appeals by the defendant (1) from a judgment of the Supreme Court, Queens County (Roman, J.), rendered August 28, 1995, convicting him of burglary in the first degree and robbery in the second degree (four counts), upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated April 30, 1997, which denied his motion to vacate the judgment pursuant to CPL 440.10 and to dismiss the indictment in the interest of justice pursuant to CPL 210.40.

Ordered that the judgment and order are affirmed.

Upon our review of the jury charge, we find that the verdict…