Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered August 31, 2005. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25 [2]). Defendant’s contention that County Court erred in admitting testimony concerning uncharged crimes, allegedly committed by defendant the day after the burglary, is not preserved for our review (see CPL 470.05 [2]), and we
Defendant failed to preserve for our review his contention that prosecutorial misconduct during summation deprived him of a fair trial (see CPL 470.05 [2]; People v Smith, 32 AD3d 1291, 1292 [2006]). In any event, that contention is without merit. The court issued instructions after the prosecutor’s summation and again during jury deliberations that sufficiently alleviated any prejudice that may have resulted from the prosecutor’s comments on summation (see People v Warren, 27 AD3d 496, 498 [2006], lv denied 7 NY3d 796 [2006]).
Finally, the sentence is not unduly harsh or severe. Present— Gorski, J.P, Fahey, Peradotto, Green and Pine, JJ.
