PEOPLE v. SMITH

Defendant's claim that he was deprived of a fair trial by the undercover officer's testimony that prerecorded buy money is not recovered in 50% of buy and bust cases, and by the prosecutor's use of this testimony in summation to support an argument that defendant was a sophisticated drug dealer, is unpreserved for appellate review as a matter of law (CPL 470.05), and we decline to review it in the interest of justice.

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Tom, JJ.