Opinion
May 23, 1988
Appeal from the Supreme Court, Queens County (Cooperman, J.).
Ordered that the judgment is affirmed.
The defendant claims that the trial court erred by admitting testimony that he was seen in the neighborhood of the burglary approximately two months earlier, going from house to house, and then concealing himself behind parked cars when one of the homeowners came out to investigate. The defendant failed to object to the admissibility of this testimony at the pretrial hearing or during trial and therefore, any claim of error was not preserved for appellate review (CPL 470.05). In any event, the testimony was properly admitted into evidence.
We find the defendant's request to waive the mandatory surcharge to be premature (see, People v West, 124 Misc.2d 622; People v Bethea, 133 A.D.2d 836, lv denied 70 N.Y.2d 929).
We have examined defendant's remaining contentions including those raised in his supplemental pro se brief, and find them to be without merit. Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.