—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), petit larceny (Penal Law § 155.25) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]). We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Additionally, defendant’s challenge to the “recent and exclusive possession” portion of the charge is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to reach it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Dugan, 238 AD2d 922, lv denied 90 NY2d 857). (Appeal from Judgment of Monroe County Court, Marks, J.—Burglary, 2nd Degree.) Present—Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.
The People of the State of New York, Respondent, v. Thomas Kinsella, Appellant
245 A.D.2d 1099666 N.Y.S.2d 91
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