Opinion
June 10, 1998
Appeal from Judgment of Ontario County Court, Harvey, J. — Assault, 2nd Degree.
Present — Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to raise in his omnibus motion his present contention that the assault counts of the indictment should have been dismissed because they failed to apprise him sufficiently of the operative facts constituting the crimes of assault. Thus, defendant has failed to preserve that contention for our review ( see, People v. Waldron, 162 A.D.2d 485; People v. Di Noia, 105 A.D.2d 799, 800, lv denied 64 N.Y.2d 759, cert denied 471 U.S. 1022; see also, CPL 210.20, 210.25 Crim. Proc.). In any event, defendant was given fair notice of the charges against him ( see, People v. Nichols, 193 A.D.2d 764, 765, lv denied 82 N.Y.2d 723).
The sentence is neither unduly harsh nor severe.