Opinion
April 26, 1991
Appeal from the Monroe County Court, Connell, J.
Present — Callahan, J.P., Doerr, Green, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant argues that the court erred in permitting the prosecutor to refer to unreliable chemical test results in his opening statement. We disagree. The court instructed the jury that the opening statements did not constitute evidence. The court also told the jury to disregard the chemist's testimony about the testing procedures.
Defendant failed to preserve for review his contention that the court erred in conducting a Sandoval hearing (see, People v Sandoval, 34 N.Y.2d 371) in his absence and, since defendant did not establish prejudice, we decline to reach the issue in the interest of justice (see, People v. Dunbar, 172 A.D.2d 1006 [decided herewith]). Defendant's remaining contention lacks merit.