Majority
p. 1023The People of the State of New York, Respondent, v Peter Acoy, Appellant.
Memorandum: None of the three alleged incidents of prosecutorial misconduct was preserved for appellate review as a matter of law and we decline to exercise our power to review in the interest of justice. Further, we reject defendant’s contention that the evidence was insufficient to sustain the conviction for criminal trespass. (Appeal from Judgment of Erie County Court, Rogowski, J. — Assault, 2nd Degree.) Present— Doerr, J. P., Boomer, Green, Pine and Balio, JJ.