People v. Rivera

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), *766rendered November 30, 1990, convicting him of murder in the second degree (three counts), rape in the first degree, burglary in the first degree, and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the trial court committed error because its instructions to the jury did not contain any language that an indictment is not evidence of guilt is not preserved for appellate review since there was no timely…