Opinion
September 29, 2000
Appeal from Judgment of Oswego County Court, Brunetti, J. — Criminal Possession Stolen Property, 4th Degree.
PRESENT: GREEN, J. P., HAYES, WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of criminal possession of stolen property in the fourth degree (Penal Law § 165.45) and grand larceny in the fourth degree (Penal Law § 155.30). Defendant failed to preserve for our review his contentions that County Court erred in admitting evidence of a prior uncharged crime and that the prosecutor engaged in misconduct on summation ( see, CPL 470.05), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).
We modify the judgment as a matter of discretion in the interest of justice by vacating the fine.