People
v.
McAllister

Appellate Division of the Supreme Court of New York, Fourth DepartmentJul 14, 1995
631 N.Y.S.2d 266 (N.Y. App. Div. 1995)
631 N.Y.S.2d 266217 A.D.2d 978

July 14, 1995

Appeal from the Niagara County Court, Hannigan, J.

Present — Pine, J.P., Fallon, Doerr, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that reversal is required based upon prosecutorial misconduct during summation. Several of the errors complained of have not been preserved for our review ( see, CPL 470.05), and we decline to exercise our power 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"' [citations omitted]" ( People v Nixon, 213 A.D.2d 1068, 1069). Defendant's sentence is neither unduly harsh nor severe.