People v. DeMaio

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered September 5, 1990, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court committed error by not striking or instructing the jury to disregard evidence which he contends applied only to the dismissed count of conspiracy. Because this issue was never raised at trial, it has not been preserved for review by this court (see, CPL 470.05; People v Karabinas, 63…