| People v Facey |
| 2008 NY Slip Op 00992 [48 AD3d 210] |
| February 5, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Milton Facey, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November9, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in thethird degree, and sentencing him, as a second felony drug offender to a term of six years,unanimously affirmed.
Defendant's general, unelaborated objection failed to preserve his claim that the Peopleviolated the court's Sandoval ruling (see e.g. People v Nuccie, 57 NY2d818 [1982]), and we decline to review it in the interest of justice. As an alternative holding, wefind that any error in this regard was harmless in view of the overwhelming evidence ofdefendant's guilt. Defendant's related claims concerning the prosecutor's summation and thecourt's charge are also unpreserved and we decline to review them in the interest of justice. As analternative holding, we also reject these arguments on the merits.
Defendant's claim regarding the imposition of a mandatory surcharge and fees is withoutmerit (see People v Lemos, 34AD3d 343 [2006], lv denied 8 NY3d 924 [2007]).
We perceive no basis for reducing the sentence. Concur—Lippman, P.J., Mazzarelli,Friedman, Sweeny and Moskowitz, JJ.