Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered September 3, 2003. The judgment convicted defendant, upon a jury verdict, of assault in the third degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the third degree (Penal Law § 120.00 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Defendant failed to object to Supreme Court’s ultimate Sandoval ruling and thus failed to preserve for our review his contention that the ruling constitutes an abuse of discretion (see People v Rodriguez, 21 AD3d 1400, 1401 [2005]; People v O’Connor, 19 AD3d 1154 [2005], lv denied 5 NY3d 831 [2005]). In any event, defendant’s contention lacks merit. The record establishes that the court “weighed