PEOPLE v. NONIASHVILI

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 review (see, CPL 470.05; People v. Lipton, 54 N.Y.2d 340; People v. Lafond, 213 A.D.2d 678) and, in any event, is without merit.

The defendant's remaining contentions are either without merit or do not require reversal.

KRAUSMAN, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.