Opinion
(1432) KA 00-00573.
November 9, 2001.
(Appeal from Judgment of Orleans County Court, Punch, J. — Felony Driving While Intoxicated.)
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS AND GORSKI, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant was convicted after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192, [3]; § 1193 [1] [c]). The contention of defendant that he was denied a fair trial by prosecutorial misconduct is not preserved for our review ( see, CPL 470.05), 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 [a]).