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PEOPLE v. HARRIS

261 A.D.2d 237 (1999)

688 N.Y.S.2d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE HARRIS, Appellant.

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

Decided May 18, 1999.

Defendant's challenge to the court's jury instruction on the definition of burglary is unpreserved, and we decline to review it in the interest of justice. Were we to review this claim, we would find that in this case involving unlawful entry and not unlawful remaining, the court's erroneous references to unlawful remaining could not have misled the jury (see, People v Ray, 254 A.D.2d 189

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