People v. Combo

—Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered September 7, 2000, convicting defendant after a jury trial of, inter alia, criminal trespass in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant contends that Supreme Court either failed to exercise its discretion or abused its discretion in adhering to its prior Sandoval ruling upon a retrial of the same charges following this Court’s reversal of the prior judgment of conviction (People v Combo, 272 AD2d 992 ). By failing “to raise any objection to the court’s ultimate ruling,” defendant has failed to preserve that contention for our review (People v McAllister, 245 AD2d 184 , 184, lv denied 91 NY2d 894 ; see, People v Englert, 285 AD2d 987 ; People v Johnson, 213 AD2d 791 , 793, lv denied 85 NY2d 975 ). In any event, the record does not contain defendant’s prior criminal history, “and thus defendant has failed to meet his burden of presenting a sufficient factual record to enable us to review [his] contention” that the Sandoval determination was erroneous (People v Hickey, 284 AD2d 929 , 930; see, People v DeLong, 206 AD2d 914 , 915; see generally, People v Kinchen, 60 NY2d 772 , 773-774). Present — Green, J.P., Pine, Kehoe and Gorski, JJ.