PEOPLE v. NOLLEY

Ordered that the judgment is affirmed.

The defendant's assertion that he was entitled to the appointment of a special prosecutor is unpreserved for appellate review (see, People v Paperno, 54 N.Y.2d 294) and, in any event, lacking in merit (see, Matter of Schumer v Holtzman, 60 N.Y.2d 46 ). Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.