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PEOPLE v. NONIASHVILI

285 A.D.2d 657 (2001)

728 N.Y.S.2d 392

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER NONIASHVILI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 30, 2001.

Ordered that the judgment is affirmed.

The defendant contends that the People's case rested solely on the theory that he had unlawfully entered into a dwelling, and that it was therefore reversible error for the Supreme Court to charge the jury on the portion of Penal Law § 140.30 which imposes liability for "remain[ing] unlawfully" there (see, People v Gaines, 74 N.Y.2d 358). This contention is unpreserved for appellate...

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