Opinion
July 6, 1998
Appeal from the County Court, Putnam County (Braatz, J.).
Ordered that the judgment, as amended, is affirmed.
The defendant contends that the results of his breathalyzer test should have been suppressed because there was insufficient evidence of calibration. This contention is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858, 859) and, in any event, is without merit ( see, People v. Freeland, 68 N.Y.2d 699; People v. Sherwood, 160 A.D.2d 1203).
Because the defendant was resentenced, his remaining contention is academic.
Ritter, J. P., Santucci, Joy and Florio, JJ., concur.