Opinion
October 26, 1993
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
Contrary to defendant's contention, the record contains sufficient evidence to establish beyond a reasonable doubt that defendant and a cohort gained admittance to complainant's premises by representing that they were police officers, thereby entering without license or privilege (People v. Rosa, 187 A.D.2d 355, lv denied 81 N.Y.2d 892) with the contemporaneous intent to commit a crime at the time of entry (see, People v. Gaines, 74 N.Y.2d 358). Moreover, upon an independent review of the evidence, we find that the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490).
Defendant's objection to the court's instruction on first degree burglary is not preserved for appellate review as a matter of law, and we decline to review the matter in the interest of justice. Were we to review, we would find no merit to defendant's argument that the trial court's usage of the "or remains" language, in its charge to the jury on first degree burglary, misled the jury in those circumstances (see, People v. Nelson, 176 A.D.2d 1245, lv denied 79 N.Y.2d 861; People v. Martinez, 173 A.D.2d 333, lv denied 78 N.Y.2d 1013).
We have reviewed defendant's remaining claims of error and find them to be either unpreserved or without merit.
Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.