July 3, 2008.
Appeal from a judgment of the Steuben County Court (Marianne Furfure, J.), rendered October 10, 2006. The judgment convicted defendant, upon a jury verdict, of criminal trespass in the second degree.
Present: Scudder, P.J., Centra, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal trespass in the second degree (Penal Law § 140.15). Defendant failed to preserve for our review his contention that the verdict is inconsistent ( see People v Alfaro, 66 NY2d 985, 987; People v Flecha, 43 AD3d 1385, lv denied 9 NY3d 990), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Contrary to defendant's further contention, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). Finally, defendant's sentence is not unduly harsh or severe.