PEOPLE v. JOSE RODRIGUEZ

Ordered that the judgment is affirmed.

The trial court's circumstantial evidence charge adequately conveyed to the jury the principle that the evidence had to exclude beyond a reasonable doubt every hypothesis of innocence ( see, People v Ford, 66 NY2d 428; People v Sanchez, 61 NY2d 1022; People v Marsalis, 189 AD2d 897). The sentence imposed was not excessive ( see, People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.