Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Lester Cole, Appellant

267 A.D.2d 394700 N.Y.S.2d 741·New York Supreme Court, Appellate Division·1999·NY

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Opinion

The People of the State of New York, Respondent, v Lester Cole, Appellant. [700 NYS2d 741] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered October 29, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant failed to preserve for appellate review his contention that the trial court erred in barring a peremptory challenge as untimely (see, CPL 470.05 [2]). The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., S. Miller, Altman and Luciano, JJ., concur.