Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of arson in the third degree (Penal Law § 150.10), defendant contends that County Court erred in admitting testimony concerning the "positive indications" of the accelerant-sniffing dog because the foundation proof was insufficient. Defendant failed to preserve that issue for our review (see, CPL 470.05 [2]). Were we to reach the merits, we would agree with defendant...
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