4 No. 110
The People &c.,
Respondent,
v.
Angel Cruz,
Appellant.


4 No. 111
The People &c.,
Respondent,
v.
Gamiliet Rosario,
Appellant.


Case No. 110:

2001 NY Int. 84

June 28, 2001

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Michael J. Nolan, for appellant.
Alan Cruikshank, for respondent.
Case No. 111: Submitted by Barbara S. Greathead, for appellant.
Submitted by Patrick H. Fierro, for 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 NY2d 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.