Opinion
April 28, 1998
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
The court properly refused defendant's request to qualify a backup officer as an expert witness. Defendant's offer of proof did not establish that the proposed expert testimony required "`professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror'" ( People v. Taylor, 75 N.Y.2d 277, 288).
Defendant's challenge to the imposition of the mandatory surcharge was not raised before the trial court and is therefore unpreserved for review ( People v. Shaw, 90 N.Y.2d 879), and is also premature ( People v. Ramirez, 208 A.D.2d 381, lv denied 84 N.Y.2d 1037). We perceive no abuse of discretion in sentencing.
Concur — Milonas, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.