Opinion
July 15, 1994
Appeal from the Monroe County Court, Connell, J.
Present — Green, J.P., Balio, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The misconduct of the prosecutor was not so egregious that it deprived defendant of a fair trial (see, People v. Galloway, 54 N.Y.2d 396, 401; People v. Mott, 94 A.D.2d 415, 418-419). Defendant's argument that the trial court improperly instructed the jury with respect to the submission of the murder counts is not preserved for review (see, CPL 470.05; People v. White, 191 A.D.2d 604, 605, lv denied 81 N.Y.2d 1082), and we decline to review the issue as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). We reject the contention that defendant was denied effective assistance of counsel (see, People v. Garcia, 75 N.Y.2d 973, 974; People v. Rivera, 71 N.Y.2d 705, 709).