People v. Noniashvili

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered September 22, 1999, convicting him of burglary in the first degree, assault in the second degree, aggravated criminal contempt, and criminal contempt in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People’s case rested solely on the theory that he had unlawfully entered into a dwelling, and that it was therefore reversible error for the Supreme Court to charge the jury on the portion of Penal Law § 140.30 which…