People v. Tarangelo

—Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered June 27, 1995, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s claim that the prosecutor’s summation comments and the court’s charge improperly permitted the jury to consider a theory of unlawful “remaining” (see, People v Gaines, 74 NY2d 358, 363) is unpreserved. Although at the precharge conference defendant briefly alluded (see, People v Borrello, 52 NY2d 952) to some…