Opinion
2000-04221
Submitted June 18, 2002.
August 26, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered April 27, 2000, convicting him of sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.
Liz Botshon, New York, N.Y. (Maria Liz of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Anne Crick of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
ORDERED that the judgment is affirmed.
Since the defendant withdrew his request that the court charge sexual abuse in the third degree as a lesser-included offense, his contention regarding this issue is waived and unpreserved for appellate review (see CPL 470.05).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.