Opinion
February 10, 1999
Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Sexual Abuse, 1st Degree.
Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that the prosecutor's improper comments during summation deprived him of a fair trial ( see, CPL 470.05; People v. Morris, 246 A.D.2d 559, lv denied 92 N.Y.2d 857). 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]).