People v. DeMarco

Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered January 14, 1994, convicting defendant, after a jury trial, of burglary in the second degree and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 8 years to life and 1 year, respectively, unanimously affirmed.

Defendant’s claim that the court should have given a circumstantial evidence charge is unpreserved for appellate review as a matter of law (People v Battle, 198 AD2d 112, lv denied 83 NY2d 802), and we decline to review it in the interest of…