Opinion
February 10, 1999
Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Contempt, 1st Degree.
PRESENT: HAYES, J. P., WISNER, PIGOTT, JR., CALLAHAN AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: By failing to object to comments made by the prosecutor on summation, defendant failed to preserve for our review his present contention that those comments constituted misconduct ( see, CPL 470.05). Reversal is not required as a matter of discretion in the interest of justice because the prosecutor's comments were not so inflammatory that defendant was denied a fair trial ( see, People v. Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837). The sentence is neither unduly harsh nor severe.