Opinion
Submitted November 28, 2000
February 20, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered May 11, 1998, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Scott Brettschneider, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and James A. Dolan of counsel), for respondent.
Before: RITTER, J.P., H. MILLER, FEUERSTEIN and SMITH, JJ., concur.
DECISION ORDER
ORDERED that the judgment is affirmed.
Since the defendant failed to object, request curative instructions, or otherwise alert the trial court to the alleged deficiency in its instructions to the jury concerning prior inconsistent statements, the issue is unpreserved for appellate review (see, People v. Minor, 124 A.D.2d 601, 602; People v. Wolcott, 111 A.D.2d 513, 515). In any event, the defendant's contention lacks merit.
The defendant's sentence was not excessive (see, People v. Pena, 50 N.Y.2d 400, cert denied 449 U.S. 1087; People v. Suitte, 90 A.D.2d 80).