Opinion
June 18, 1999
Appeal from Judgment of Oneida County Court, Donalty, J. — Burglary, 2nd Degree.
PRESENT: GREEN, J. P., PINE, WISNER, HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: According the determination of the trial court the great weight to which it is entitled ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Hill, 175 A.D.2d 603), we conclude that County Court properly determined that defendant's confession was knowingly and voluntarily made ( see, People v. Williams, 62 N.Y.2d 285, 289-290). Defendant failed to preserve for our review his contention that the court's Sandoval ruling constituted an abuse of discretion ( see, People v. Suber, 256 A.D.2d 1086 [decided Dec. 31, 1998]; People v. Richiez, 173 A.D.2d 234, 235, lv denied 78 N.Y.2d 925). In any event, that contention lacks merit ( see, People v. Sandoval, 34 N.Y.2d 371, 375; see also, People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292). The record does not support defendant's contention that, in violation of defendant's due process rights, the court impermissibly considered uncharged conduct in sentencing defendant ( see, People v. Storelli, 216 A.D.2d 891, lv denied 86 N.Y.2d 803; cf., People v. Villanueva, 144 A.D.2d 285, lv denied 73 N.Y.2d 897). Finally, the sentence is neither unduly harsh nor severe.