Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the trial court erred in failing to respond meaningfully to a request for further instruction by the jury when it indicated it was at an impasse at 10:30 P.M., after approximately 6 1/2 hours of deliberation, and asked for advice. In any event, the court's action in directing sequestration and instructing that deliberations cease until the next morning was appropriate under the circumstances.
In addition, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Lawrence, J.P., O'Brien, Friedmann and Krausman, JJ., concur.