Opinion
March 17, 1995
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor's misconduct during examination of witnesses and summation. The majority of the alleged errors have not been preserved 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 those errors that were preserved `were not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted'" (People v. Toumbis, 204 A.D.2d 1026, quoting People v. Dawkins, 203 A.D.2d 957, 958, lv denied 84 N.Y.2d 824).