Appellate Division of the Supreme Court of the State of New York January 6, 2000 (People v. Perez)

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J., at hearing; Roger Hayes, J., at jury trial and sentence), rendered June 6, 1996, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as second felony offender, to a term of 5 to 10 years, unanimously affirmed.

By failing to make a timely motion pursuant to CPL 190.