Appellate Division of the Supreme Court of the State of New York July 12, 1996 (People v. Warney)

— Judgment *1007unanimously affirmed. Memorandum: The contention of defendant that he was deprived of a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]). Were we to exercise our power to review the issue as a matter of discretion in the interest of justice (see, CPL 470.