Opinion
October 11, 1994
Appeal from the County Court, Nassau County (Jonas, J.).
Ordered that the judgment is affirmed.
The defendant contends, among other things, that he was denied a fair trial when the court refused to admit a police tape recording of the drug transaction which led to his conviction. The determination of whether a tape is "sufficiently audible" is a decision within the sound discretion of the trial court, and there is no evidence in this case that the court improvidently exercised this discretion (see, People v. Lubow, 29 N.Y.2d 58).
The defendant's remaining contentions are either unpreserved for appellate review or without merit (see, People v. Galloway, 54 N.Y.2d 396; People v. Martinez, 177 A.D.2d 600). Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.