Opinion
September 30, 1997
Appeal from Judgment of Onondaga County Court, McCarthy, J.
Present — Denman, P.J., Green, Hayes, Balio and Fallon, JJ.
Defendant failed to preserve for our review his contentions that the court erred in denying his motion to suppress physical evidence without conducting a hearing ( see, CPL 470.05; People v. Williams, 143 A.D.2d 162, 163) and that the evidence of intent is insufficient to support the murder conviction ( see, People v. Gray, 86 N.Y.2d 10, 19). 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]). Upon our review of the record, we conclude that the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).