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PEOPLE v. SMITH

278 A.D.2d 259 (2000)

716 N.Y.S.2d 917

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLAND SMITH, Appellant.

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

Decided December 4, 2000.

Ordered that the judgment is affirmed.

The defendant's contentions with respect to the trial court's instructions on burglary are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction (see, CPL 470.05 [2]). The defendant's remaining contentions are either unpreserved for appellate review, without merit, or harmless in light of the overwhelming evidence of the defendant...

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