Defendant's contention that the indictment was constructively amended because the jury was permitted to convict him not simply on a constructive possession theory, but also pursuant to alternative theories of actual possession and the statutory presumption relating to guns found in cars is without merit. As distinguished from the cases defendant relies on, the instant indictment contains a broad allegation that defendant possessed a weapon (People v Grega, 72 N.Y.2d 489). In addition, defendant had fair notice of the charges against him since prior to trial, the prosecutor informed defense counsel that she would be relying on different theories of possession.
Defendant's contention that the prosecutor deprived him of a fair trial by conveying that defendant had committed an uncharged robbery, by improperly arguing that defendant was a liar, and by unfairly suggesting that defendant's testimony could be believed only if the jury found that the People's principal witnesses had conspired to falsely implicate him is, for the most part, unpreserved, and we decline to review in the interest of justice (CPL 470.05); to the extent the claims are preserved, reversal is not warranted.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ.