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PEOPLE v. LAFOND

213 A.D.2d 678 (1995)

624 N.Y.S.2d 951

The People of the State of New York, Respondent, v. Romaine Lafond, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1995

Ordered that the judgment is affirmed.

The defendant contends that the People's case rested solely on the theory that he had unlawfully entered into a dwelling, and thus it was reversible error for the court to charge the portion of Penal Law § 140.30 which imposes liability for "remain[ing] unlawfully" there (see, People v Gaines, 74 N.Y.2d 358). This contention is unpreserved for appellate review (see

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