PEOPLE v. WATKINS (1997)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 11, 1995, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Since the defendant failed to request that the court rule on the propriety of the release of certain property and failed to seek any instruction to mitigate any alleged harm caused by its release, his current challenge is unpreserved for appellate review (see, CPL 470.05[2];  Penal Law § 450.10 [1];  People v. Taylor, 203 A.D.2d 77, 610 N.Y.S.2d 30;  People v. Graham, 186 A.D.2d 47, 587 N.Y.S.2d 649).   In any event, where, as here, such noncompliance did not sufficiently prejudice the defendant or establish that the statutory violation was intentional or in bad faith, reversal is not warranted (see, People v. Graham, supra;  People v. Dent, 183 A.D.2d 723, 583 N.Y.S.2d 301;  People v. Byron, 171 A.D.2d 802, 567 N.Y.S.2d 753;  People v. Roper, 139 A.D.2d 679, 680, 527 N.Y.S.2d 309;  People v. Crawford, 135 A.D.2d 554, 521 N.Y.S.2d 775;  People v. Grieco, 125 A.D.2d 490, 509 N.Y.S.2d 408).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

MEMORANDUM BY THE COURT.