MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: We reject the contention that defendant was denied a fair trial as the result of prosecutorial misconduct. None of the alleged instances of misconduct has been preserved for our review ( see CPL 470.05; People v. Alshoaibi, 273 A.D.2d 871, 873, lv denied 95 N.Y.2d 960) and, in any event, the prosecutor's conduct, "considered in context, [was] not so inflammatory or improper as to deny defendant a fair trial" ( People v. Spirles, 275 A.D.2d 980, 982, lv denied 96 N.Y.2d 807). Contrary to the further contention of defendant, he was not denied effective assistance of counsel ( see People v. Taylor, 2 N.Y.3d 1306 [Dec. 23, 2003]). Defendant's contentions that County Court failed to instruct the jury adequately with respect to the intent required for the commission of first degree rape (Penal Law § 130.35), sodomy (former § 130.50[1]) and sexual abuse (§ 130.65[1]) by forcible compulsion ( see generally People v. Williams, 81 N.Y.2d 303, 316-317) are also not preserved for our review ( see CPL 470.05; People v. Abrams, 232 A.D.2d 240, lv denied 88 N.Y.2d 1066), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see 470.15[6][a]). Defendant also failed to preserve for our review his contention that the evidence is legally insufficient to support his conviction of burglary and the crimes involving forcible compulsion ( see People v. Gray, 86 N.Y.2d 10, 19). In addition, he failed to preserve for our review his contention that the charge and verdict sheet on the first count of the indictment, burglary in the second degree (Penal Law § 140.25), are erroneous, and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15[a]). Finally, the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495), and the sentence is not unduly harsh or severe.