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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD S. LEVY, Appellant.

Judgment affirmed.

The imposed concurrent sentences of 8 1/3 to 25 years' imprisonment for conspiracy and attempted murder did not constitute an abuse of discretion, and the facts of this case do not warrant substituting our discretion for that of the sentencing Judge (see, People v. Suitte, 90 A.D.2d 80). In addition, the defendant's claim that he was denied effective assistance of counsel is without merit since the record reflects that defense counsel was competent and provided meaningful representation to the defendant (see, People v. Baldi, 54 N.Y.2d 137, 146-147; People v. Satterfield, 66 N.Y.2d 796; People v. Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803; People v. Rodriguez, 116 A.D.2d 675).

Finally, the defendant's challenge to the trial court's charge concerning the burden of proof on the issue of entrapment has not been preserved for appellate review since no objection was registered to that portion of the charge. In any event, the trial court's instructions on this point, taken as a whole, adequately conveyed the proper law to the jury. Mollen, P.J., Lazer, Kunzeman and Kooper, JJ., concur.

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PEOPLE v. LEVY
(Mar 24, 1986)