Opinion
December 20, 1985
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we find that defendant received meaningful representation from his attorney (see, People v Baldi, 54 N.Y.2d 137, 147; see also, Strickland v Washington, 466 U.S. 668, reh denied 467 U.S. 1267). While the conduct of the prosecutor was objectionable, it did not deprive defendant of a fair trial. Many of the instances of prosecutorial misconduct were objected to and the objections sustained, thereby minimizing the prejudice (see, People v McCormick, 100 A.D.2d 723). Other instances, particularly in connection with the prosecutor's summation, were not preserved by objection. Since we find that defendant was not deprived of his right to a fair trial, we decline to review them as a matter of discretion in the interest of justice.
The record discloses that prior to sentencing, defendant was supplied with a felony offender statement. Inasmuch as defendant admitted the particulars of the prior felony conviction in the presence of counsel, defendant waived strict compliance with CPL 400.21 (2), requiring the statement to be filed by the prosecutor before sentence was imposed (see, People v Alexander, 98 A.D.2d 961; People v Provost, 76 A.D.2d 944; People v English, 75 A.D.2d 981; People v Graham, 67 A.D.2d 172).