Opinion
April 28, 1995
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Fallon, J.P., Wesley, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was not denied effective assistance of counsel as the result of his counsel's failure to make a pretrial motion to suppress the identification testimony of the victim and the bus driver (see, People v Wright, 212 A.D.2d 968). The verdict is supported by sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495; People v Wright, supra). Defendant did not object to the prosecutor's summation, thereby failing to preserve for review his challenge to the propriety of several of the prosecutor's comments (see, CPL 470.05). We decline to review the issue as a matter of discretion in the interest of justice (see, CPL 470.15 [a]; People v Wright, supra). Defendant's omnibus motion was not sufficient to alert Supreme Court that defendant was requesting suppression of his statement on the ground that it was involuntary (cf., People v Clemons, 166 A.D.2d 363, 365; People v Knights, 124 A.D.2d 935). Thus, the court properly denied defendant's request for a hearing. Finally, defendant's sentence is not unduly harsh or severe.