PEOPLE v. PRATT

Judgment unanimously affirmed.

Memorandum:

Defendant's conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence ( see, People v. Bleakley , 69 N.Y.2d 490, 495 ). The contention of defendant that he was entitled to a justification charge is not preserved for our review ( see, CPL 470.05 [2]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see, CPL 470.15 [6] [a]). Assuming, arguendo, that defense counsel erred in failing to establish the unavailability of the declarant of an alleged statement against penal interest, we conclude that defendant failed to show "`that there is a reasonable probability that, but for counsel's * * * error, the result of the proceeding would have been different'" ( People v. Alicea , 229 A.D.2d 80, 87, lv denied 90 N.Y.2d 890 , quoting Strickland v. Washington , 466 U.S. 668, 694 ).