Opinion
Argued November 18, 1999
December 20, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered October 29, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
White Case, LLP, New York, N.Y. (Louis F. O'Neill of counsel), and M. Sue Wycoff, New York, N.Y., for appellant (one brief filed).
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Kira Watson of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the trial court erred in barring a peremptory challenge as untimely (see, CPL § 470.05[2]).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
BRACKEN, J.P., S. MILLER, ALTMAN, and LUCIANO, JJ., concur.