Opinion
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.