Majority
—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contentions that the evidence is legally insufficient to support the conviction of rape in the first degree (Penal Law § 130.35 [1]) (see, People v Gray, 86 NY2d 10 , 19) and that County Court erred in failing to give a charge on intoxication (see, People v Powell, 181 AD2d 923 , lv denied 80 NY2d 836 ) and in giving a reasonable doubt charge that failed to convey the proper legal standard (see, People v Ramos, 254 AD2d 13 , 14, lv denied 92 NY2d 985 ). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). We reject defendant’s contention that reversal is required based on prosecutorial misconduct during summation (see, People v Drayton, 270 AD2d 826 ). The record establishes that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137 , 147). Finally, the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Steuben County Court, Furfure, J.— Rape, 1st Degree.) Present — Green, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.
Cases cited
- People v. Gray 86 NY2d 10 at 19 p. 967
- People v. Ramos 254 AD2d 13 at 14 p. 967
- People v. Drayton 270 AD2d 826 p. 967
- People v. Baldi 54 NY2d 137 at 147 p. 967
- People v. Bleakley 69 NY2d 490 at 495 p. 967