Opinion
September 30, 1994
Appeal from the Erie County Court, McCarthy, J.
Present — Green, J.P., Balio, Wesley, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor's improper comments during summation. All but one of the alleged errors are unpreserved for review (see, CPL 470.05), and we decline to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). Because the error that was preserved was "not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted" (People v. Dawkins, 203 A.D.2d 957, 958, citing People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837; see, People v. Widger, 126 A.D.2d 962).