Opinion
302
March 15, 2002.
Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered July 26, 2000, convicting defendant after a jury trial of, inter alia, attempted assault in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (GERALD T. BARTH OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
The contention of defendant that the conduct of the Trial Judge deprived him of a fair trial is not preserved for our review ( see, People v. Charleston, 56 N.Y.2d 886, 887-888; People v. Chase, 265 A.D.2d 844, 844-845, lv denied 94 N.Y.2d 902; People v. Wanton, 256 A.D.2d 125, 126, lv denied 93 N.Y.2d 981), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Contrary to the further contentions of defendant, he received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147) and the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).