Opinion
Argued May 14, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County, (Kohm, J.), rendered March 13, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan J. Horwitz of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Kenneth V. Bryne of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that the prosecutor failed to disclose Rosario materials ( People v. Rosario, 9 N.Y.2d 286) was not preserved for appellate review ( see, CPL 470.05; People v. Laguer, 195 A.D.2d 483).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80, 86-87).