Opinion
September 30, 1993
Appeal from the Supreme Court, New York County (Harold J. Rothwax, J.).
Under the facts of this case, the trial court did not abuse its discretion in declining to submit to the jury the non-inclusory concurrent count of criminal possession of stolen property (CPL 300.40 [a]; see, People v Bergerson, 105 A.D.2d 867, 868). The sentence imposed was not excessive under the circumstances.
Concur — Murphy, P.J., Sullivan, Kupferman and Nardelli, JJ.