Opinion
May 27, 1994
Appeal from the Onondaga County Court, Burke, J.
Present — Green, J.P., Pine, Balio, Fallon and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the first degree and sexual abuse in the first degree, defendant contends that he was denied effective assistance of counsel. We disagree (see, People v Rivera, 71 N.Y.2d 705, 708-709; People v. Jackson, 70 N.Y.2d 768, 769). Defendant's contention concerning prosecutorial misconduct is unpreserved (see, CPL 470.05), and we decline to reach it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).