PEOPLE v. KINSELLA

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25), petit larceny (Penal Law § 155.25) and criminal mischief in the fourth degree (Penal Law § 145.00). We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Additionally, defendant's challenge to the "recent and exclusive possession" portion of the charge is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to reach it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]; People v. Dugan, 238 A.D.2d 922, lv denied 90 N.Y.2d 857). (Appeal from Judgment of Monroe County Court, Marks, J. — Burglary, 2nd Degree.)