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11 A.D.3d 711

People v. Harper

Appellate Division of the Supreme Court of the State of New York · decided 2004-10-25

Decided 2004-10-25

¶1Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered September 11, 2000, convicting him of robbery in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3Contrary to the defendant’s contention, the trial court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) constituted a provident exercise of discretion (see People v Hegdal, 266 AD2d 472 [1999]).

¶4The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Ritter, J.P., S. Miller, Goldstein and Lifson, JJ., concur.

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