The People, etc., respondent, v. Peter N. Carr, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Peter N. Carr, appellant.

2008-08526 (Ind.No. 07-00154)

Decided: June 01, 2010

STEVEN W. FISHER, J.P. THOMAS A. DICKERSON RANDALL T. ENG ARIEL E. BELEN, JJ.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Submitted-May 3, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen, J.), rendered September 10, 2008, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth 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 permitting a police detective to give opinion evidence (see CPL 470.05[2] ), and we decline to review it in the exercise of our interest of justice jurisdiction (see CPL 470.15[3][c]; 470.15[6][a] ).

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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