People v. Morton

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered September 4, 2003, convicting him of burglary in the third degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his *412contention regarding the preliminary instructions given to the jury (see CPL 270.40; People v Robinson, 8 AD3d 502 [2004]), and we decline to review such claim in the exercise of our interest of justice jurisdiction…