PEOPLE v. KING (2008)

 On appeal from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the second degree (Penal Law former § 265.03[2] ), defendant contends that the verdict is against the weight of the evidence.   We reject that contention (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   We accord great deference to the jury's resolution of credibility issues (see People v. Catlin, 41 A.D.3d 1199, 1200, 838 N.Y.S.2d 284, lv. denied 9 N.Y.3d 873, 842 N.Y.S.2d 786, 874 N.E.2d 753).   Defendant failed to preserve for our review his contention that he was denied a fair trial based on prosecutorial misconduct (see CPL 470.05[2] ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   Finally, contrary to the further contention of defendant, “ ‘[t]he mere fact that defendant was ultimately sentenced to a term of incarceration greater than that offered as a part of the plea bargain does not render his sentence [unduly harsh or severe]’ ” (People v. Vassar, 30 A.D.3d 1051, 1052, 816 N.Y.S.2d 260, lv. denied 7 N.Y.3d 796, 821 N.Y.S.2d 826, 854 N.E.2d 1290).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: