Opinion
November 28, 1995
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
Defendant's contention that the court improperly announced a Sandoval ruling without any type of hearing or oral argument was not preserved for appellate review. Were we to reach the claim, we would find it to be without merit, because the record does not indicate that defendant made any Sandoval application in the first place, and defendant could not have been prejudiced by a gratuitous sua sponte ruling, partially in his favor.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Ross, Williams and Tom, JJ.