Opinion
August 15, 1986
Appeal from the Supreme Court, Queens County (Farlo, J.).
Judgment affirmed.
Our examination of the evidence adduced at the trial indicates that the defendant's guilt was established beyond a reasonable doubt based upon legally sufficient evidence (see, People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932; People v Rosenfeld, 93 A.D.2d 872).
We have considered the defendant's contentions with respect to alleged instances of prosecutorial misconduct and judicial error. The claims are either unpreserved for review or without merit and the unpreserved claims do not warrant reversal in the interest of justice.
Finally, we decline to exercise our discretion to modify the sentence imposed (see, People v Farrar, 52 N.Y.2d 302, 305; People v Suitte, 90 A.D.2d 80, 86-87). Lazer, J.P., Mangano, Brown and Weinstein, JJ., concur.