People v. Fabre

• Decision Date: 19 November 2001
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JEAN FABRE, Appellant.

288 A.D.2d 392

733 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.JEAN FABRE, Appellant.

Decided November 19, 2001.

Santucci, J. P., Goldstein, McGinity and Crane, JJ., concur.

Ordered that the judgment is affirmed.

The defendant contends that the People's case rested solely on the theory that he had unlawfully entered a dwelling, and thus it was reversible error for the trial court to charge the portion of Penal Law § 140.25 which concerns "remain[ing] unlawfully" in a dwelling (see, People v Gaines, 74 NY2d 358). This contention is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction.