| People v Laurent |
| 2017 NY Slip Op 09090 [156 AD3d 1489] |
| December 22, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Jean J.Laurent, Appellant. |
Cara A. Waldman, Fairport, for defendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (Heather P. Hines of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (William F. Kocher, J.), renderedOctober 3, 2014. The judgment convicted defendant, upon a jury verdict, of falsifying businessrecords in the first degree and petit larceny.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict offalsifying business records in the first degree (Penal Law § 175.10) and petit larceny(§ 155.25). Viewing the evidence in light of the elements of the crimes as chargedto the jury (see People v Danielson,9 NY3d 342, 349 [2007]), we reject defendant's contention that the verdict is against theweight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).
Defendant correctly concedes that he failed to preserve for our review his contention that hewas denied a fair trial based upon misconduct by the prosecutor on summation (see CPL470.05 [2]), and we decline to exercise our power to review that contention as a matter ofdiscretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549,1549-1550 [4th Dept 2015], lv denied 26 NY3d 971 [2015]). Present—Whalen,P.J., Centra, Peradotto, Lindley and Winslow, JJ.