Majority
p. 1036The People of the State of New York, Respondent, v Ernest L. Henry, Appellant. [614 NYS2d 961]
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the first degree and sexual abuse in the first degree, defendant contends that he was denied effective assistance of counsel. We disagree (see, People v Rivera, 71
p. 1037
NY2d 705 , 708-709; People v Jackson, 70 NY2d 768 , 769). Defendant’s contention concerning prosecutorial misconduct is unpreserved (see, CPL 470.05 [2]), and we decline to reach it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County-Court, Burke, J.—Rape, 1st Degree.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.
Cases cited
- People v. Jackson 70 NY2d 768 at 769 p. 1037