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PEOPLE v. FOCHLER

242 A.D.2d 875 (1997)

665 N.Y.S.2d 599

The People of the State of New York, Respondent, v. Robert C. Fochler, III, Appellant

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

September 30, 1997

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of burglary in the third degree. His contention that County Court erred in its charge on criminal intent is not preserved for our review (see, People v Tate, 200 A.D.2d 602, 603, lv denied 83 N.Y.2d 811) and in any event lacks merit. The record establishes that the court sustained defendant...

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