Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Erie County, Buscaglia, J. — Murder, 2nd Degree.
PRESENT: PINE, J. P., HAYES, WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Supreme Court properly admitted in evidence the hearsay statements of the victim. Those statements were relevant to establish defendant's motive, and their probative value outweighed their potential for prejudice ( see, People v. Mixon, 203 A.D.2d 909, lv denied 84 N.Y.2d 830, 909). Defendant failed to preserve for our review his contention that the prosecutor's summation was inflammatory ( see, CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Defendant's further contention that the conviction is not supported by legally sufficient evidence is also unpreserved for our review ( see, People v. Gray, 86 N.Y.2d 10, 19). The sentence is neither unduly harsh nor severe. We have reviewed defendant's remaining contentions and conclude that they lack merit.