Opinion
May 27, 1994
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Green, Lawton, Wesley and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor's misconduct during the cross-examination of defendant and during the prosecutor's summation. The majority of the alleged errors have not been preserved for our 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. Dawkins, 203 A.D.2d 957, 958, citing People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837; People v. Widger, 126 A.D.2d 962, lv denied 69 N.Y.2d 1011).
Defendant's contentions concerning the court's charge are unpreserved (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]). The evidence, viewed in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), is sufficient to support defendant's conviction of assault in the second degree (see, Penal Law § 120.05), and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).