Opinion
June 8, 2001.
(Appeal from Judgment of Oswego County Court, Hafner, Jr., J. — Burglary, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment entered upon a jury verdict convicting him of burglary in the second degree (Penal Law § 140.25). We conclude that, despite deficiencies in the performance of defense counsel, defendant was not deprived of a fair trial by less than meaningful representation ( see, People v. Hobot, 84 N.Y.2d 1021, 1022). Defendant's contentions with respect to evidence of a subsequent unrelated home robbery committed by several prosecution witnesses and comments made by the prosecutor on summation are not preserved for our review ( see, CPL 470.05), and 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]). Finally, we reject defendant's contention that County Court abused its discretion in refusing to adjourn sentencing to permit defendant's newly-retained counsel to bring a CPL 330.30 motion ( see, People v. Lee, 155 A.D.2d 556, lv denied 75 N.Y.2d 814).