Opinion
June 13, 1991
Appeal from the County Court of Broome County (Monserrate, J.).
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 A.D.2d 887 ; People v Moon, 121 A.D.2d 790, lv denied 68 N.Y.2d 815). Furthermore, the circumstances of this case do not warrant a reversal of the conviction in the interest of justice (see, People v Murphy, 128 A.D.2d 177, affd 70 N.Y.2d 969). We also reject defendant's contention that the prison sentence she received of 3 to 9 years was harsh and excessive. The sentence was well within the statutory guidelines and, given the serious nature of the crime involved, there was no abuse of discretion by the court in imposing sentence (see, People v Pierce, 150 A.D.2d 948, lv denied 74 N.Y.2d 817; People v Whalen, 99 A.D.2d 883).
Mahoney, P.J., Casey, Weiss, Mikoll and Harvey, JJ., concur. Ordered that the judgment is affirmed.