Opinion
March 11, 1994
Appeal from the Supreme Court, Erie County, Forma, J.
Present — Denman, P.J., Balio, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Upon examination of this record, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant failed to preserve for our review his contention that prosecutorial misconduct on summation deprived him of a fair trial (see, CPL 470.05; People v. Goldman, 197 A.D.2d 906). In any event, there is no merit to that contention. Further, we conclude that the sentence imposed is neither unduly harsh nor severe.