Opinion
July 3, 1997
Present — Green, J. P., Pine, Lawton, Callahan and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention that County Court erred in failing to instruct the jury on circumstantial evidence is not preserved for our review (see, CPL 470.05; People v. Hall, 181 A.D.2d 791, lv denied 79 N.Y.2d 1049), and we decline to exercise our power to address it 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 legally sufficient to support the conviction (see, People v Rossey, 89 N.Y.2d 970, 971). We reject the contentions in defendant's pro se supplemental brief that the testimony of a prosecution witness regarding defendant's admissions "was `so unworthy of belief as to be incredible as a matter of law"' (People v. Wright, 214 A.D.2d 759, 762, lv denied 86 N.Y.2d 805, quoting People v. Carthrens, 171 A.D.2d 387, 392) and that the verdict is contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). (Appeal from Judgment of Monroe County Court, Smith, J. — Murder, 2nd Degree.)