Opinion
June 9, 1995
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Green, Wesley, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence is insufficient to support his conviction of two counts of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) because the People failed to establish his knowledge of the weight of the cocaine (see, People v. Ryan, 82 N.Y.2d 497). That contention has not been preserved for our review (see, People v. Gray, 86 N.Y.2d 10, 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]). We also decline to review the contention, raised for the first time on appeal, that the prosecutor's improper summation remarks deprived defendant of a fair trial (see, CPL 470.05).