Appellate Division of the Supreme Court of the State of New York September 30, 1997 (People v. Dix)

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of arson in the third degree (Penal Law § 150.10), defendant contends that County Court erred in admitting testimony concerning the “positive indications” of the accelerant-sniffing dog because the foundation proof was insufficient. Defendant failed to preserve that issue for our review (see, CPL 470.05 [2]).