Opinion
1543 KA 15–00158
12-22-2017
The PEOPLE of the State of New York, Respondent, v. Jean J. LAURENT, Defendant–Appellant.
CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT–APPELLANT. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (HEATHER P. HINES OF COUNSEL), FOR RESPONDENT.
CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT–APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (HEATHER P. HINES OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of falsifying business records in the first degree ( Penal Law § 175.10 ) and petit larceny (§ 155.25). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ).
Defendant correctly concedes that he failed to preserve for our review his contention that he was denied a fair trial based upon misconduct by the prosecutor on summation (see CPL 470.05[2] ), 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[6][a] ; People v. Smith, 129 A.D.3d 1549, 1549–1550, 10 N.Y.S.3d 374 [4th Dept. 2015], lv denied 26 N.Y.3d 971, 18 N.Y.S.3d 608, 40 N.E.3d 586 [2015] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.