Opinion
Filed May 10, 2000.
Appeal from Judgment of Steuben County Court, Furfure, J. — Rape, 1st Degree.
Judgment unanimously affirmed.
Present: GREEN, J. P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Memorandum:
Defendant failed to preserve for our review his contentions that the evidence is legally insufficient to support the conviction of rape in the first degree (Penal Law § 130.35) ( see, People v. Gray, 86 N.Y.2d 10, 19) and that County Court erred in failing to give a charge on intoxication ( see, People v. Powell, 181 A.D.2d 923, lv denied 80 N.Y.2d 836) and in giving a reasonable doubt charge that failed to convey the proper legal standard ( see, People v. Ramos, 254 A.D.2d 13, 14, lv denied 92 N.Y.2d 985). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). We reject defendant's contention that reversal is required based on prosecutorial misconduct during summation ( see, People v. Drayton, ___ A.D.2d ___ [decided Mar. 29, 2000]). The record establishes that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). Finally, the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).