Opinion
December 26, 1991
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Doerr, J.P., Boomer, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's convictions are supported by sufficient evidence and are not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). Defendant's arguments that criminal use of a firearm is a non-inclusory concurrent offense of attempted aggravated assault on a police officer and that his convictions based on both reckless and intentional conduct are inconsistent are not preserved for review as a matter of law, and we decline to reach those issues in the interest of justice (see, People v Garner, 174 A.D.2d 1028, lv denied 78 N.Y.2d 966). We have examined the remaining issues raised by defendant and find them to be lacking in merit.