PEOPLE v. MATEO

ORDERED that the judgment is affirmed.

Contrary to the defendant's unpreserved contention, the Supreme Court's supplemental charge on circumstantial evidence did not deprive him of a fair trial. The supplemental charge conveyed a correct statement of the law ( see People v. Geraci, 85 N.Y.2d 359, 369, cert denied 531 U.S. 1018; People v. Ford, 66 N.Y.2d 428, 442; People v. Benzinger, 36 N.Y.2d 29, 32; People v. Jackson, 261 A.D.2d 636, 637). Moreover, the charge, read in its entirety, was fair, balanced, and not prejudicial to the defendant ( see People v. Mitchell, 129 A.D.2d 589, 590; cf. People v. Brabham, 77 A.D.2d 626).

The sentence imposed was not excessive, nor was it improperly based on crimes for which the defendant was acquitted ( see People v. Matthews, 1 A.D.3d 530; People v. Ferere, 294 A.D.2d 596, 597; People v. Suitte, 90 A.D.2d 80; cf. People v. Innis, 288 A.D.2d 236; People v. Santiago, 277 A.D.2d 258, 259).

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.