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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL CRUZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed.

Defendants appeal their convictions of first degree criminal trespass, third degree criminal possession of a weapon, and two counts of seventh degree criminal possession of a controlled substance. Their arguments that the trial court should have given a "moral certainty" charge, that the indictment was multiplicitous ( see, People v. Sykes, 22 N.Y.2d 159), and Cruz's challenge to the legal sufficiency of the evidence regarding the length of the shotgun barrel are unpreserved for our review. Defendants' remaining arguments are without merit.

In each case: Order affirmed in a memorandum.

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PEOPLE v. CRUZ
(Jun 28, 2001)