Opinion
September 29, 2000.
Appeal from Judgment of Onondaga County Court, Mulroy, J. — Attempted Robbery, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., PINE, WISNER, KEHOE AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Contrary to defendant's contentions, the evidence is legally sufficient to support the conviction and the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495; People v. Smith, 157 A.D.2d 810, lv denied 75 N.Y.2d 970). In addition, contrary to defendant's further contention, there is not a "grave risk that an innocent [person] has been convicted" ( People v. Carter, 63 N.Y.2d 530, 536, quoting People v. Kidd, 76 A.D.2d 665, 668, lv dismissed 51 N.Y.2d 882). Defendant failed to preserve for our review his contention that comments made by the prosecutor during voir dire and summation diluted the People's burden of proof ( see, People v. Butler, 214 A.D.2d 1014, 1015, lv denied 86 N.Y.2d 791, 89 N.Y.2d 920; see also, People v. Savage, 267 A.D.2d 968, lv denied 94 N.Y.2d 906), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).