PEOPLE v. WHEELER

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied effective assistance of counsel ( see, People v. Flores, 84 N.Y.2d 184, 189). County Court's Sandoval compromise reflects a proper exercise of the court's discretion ( see, People v. Walker, 83 N.Y.2d 455, 458-459; People v. Davis, 168 A.D.2d 218, lv denied 77 N.Y.2d 876). The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), is legally sufficient to support the conviction. Defendant failed to preserve for our review his contention that prosecutorial misconduct deprived him of a fair trial ( see, CPL 470.05; People v. Balls, 69 N.Y.2d 641, 642), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). The sentence is not unduly harsh or severe.