Opinion
March 17, 1986
Appeal from the Supreme Court, Orange County (Ingrassia, J.).
Judgment affirmed.
The defendant's claim that he was denied his right to a speedy trial was waived by his failure to make a motion to dismiss the indictment prior to trial (see, People v. Lawrence, 64 N.Y.2d 200). Similarly, having made no Sandoval motion, the defendant may not now complain that the trial court abused its discretion in permitting him to be cross-examined concerning his prior conviction.
Since the defendant did not take exception to the court's charge, his claims of error with respect to it have not been preserved for appellate review (see, People v. Contes, 60 N.Y.2d 620). In any event, we find that the charge was proper in all respects (see, People v. Jones, 107 A.D.2d 714; People v Watkins, 67 A.D.2d 717).
The evidence adduced at trial was sufficient for a rational trier of fact to have found beyond a reasonable doubt that the defendant was not acting solely as an agent of the buyer and was therefore guilty as charged (see, People v. Foster, 64 N.Y.2d 1144, cert denied ___ US ___, 106 S Ct 166).
In conclusion, we note that the defendant was properly adjudicated a second felony offender and the sentence imposed was appropriate under the circumstances of the case (see, People v Harris, 61 N.Y.2d 9; People v. Leonard, 109 A.D.2d 754; People v Suitte, 90 A.D.2d 80). Mangano, J.P., Gibbons, Lawrence and Kunzeman, JJ., concur.