Opinion
July 3, 1997
Present — Denman, P. J., Pine, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that his conviction of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) is not supported by legally sufficient evidence (see, People v. Gray, 86 N.Y.2d 10, 19; People v Hryckewicz, 221 A.D.2d 990, lv denied 88 N.Y.2d 849), 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]).
Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Finally, the contention of defendant that he was deprived of a fair trial by prosecutorial misconduct is without merit. The single statement in the prosecutor's summation to which defendant objects did not deprive defendant of a fair trial (see, People v. Bogue, 234 A.D.2d 946; People v. Scott, 181 A.D.2d 995, lv denied 80 N.Y.2d 837). (Appeal from Judgment of Onondaga County Court, Burke, J. — Criminal Possession Controlled Substance, 3rd Degree.)