Opinion
April 29, 1998
(Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.)
Present — Green, J.P., Wisner, Pigott, Jr., Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of driving while intoxicated as a felony (Penal Law § 1192 [3]; § 1193 [1] [c]) and unlawful possession of marihuana (Penal Law § 221.05). County Court's Sandoval ruling was not an abuse of discretion ( see, People v. Drakes, 211 A.D.2d 809, lv denied 86 N.Y.2d 734; People v. Rhodes, 96 A.D.2d 565, 567). Defendant failed to preserve for our review her contention that the presentence report was inadequate ( see, CPL 470.05). Finally, defendant's sentence is neither unduly harsh nor severe.