People v. Harris

—Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered June 30, 1989, upon a verdict convicting defendant of the crime of arson in the third degree.

Contrary to defendant’s claim, County Court did not err in failing to instruct the jury on the charge of arson in the fourth degree as a lesser included offense of arson in the third degree. Initially, we note that counsel for defendant never requested that such a charge be made and no objection was made to the charge as given. Therefore, the issue was not properly preserved for review (see, People v Jackson, 169…