Opinion
Argued November 16, 2000.
December 19, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered June 26, 1998, convicting him of criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Florence M. Sullivan, and Scott J. Splittgerber of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to object to the Supreme Court's Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371) and, therefore, his present contention is not preserved for appellate review (see, People v. Penafiel, 247 A.D.2d 411). In any event, the defendant's claim is without merit.
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).