Opinion
November 8, 1996.
Judgment unanimously affirmed.
Before: Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.
The contention that defendant was deprived of a fair trial by prosecutorial misconduct is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to address it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). County Court did not abuse its discretion in denying defendant youthful offender status ( see, People v Ortega, 114 AD2d 912, lv denied 67 NY2d 887), and the sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J. — Manslaughter, 2nd Degree.)