Opinion
Submitted October 21, 1999
December 2, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered January 28, 1998, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Elvira Meo on the brief), for respondent.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to support his conviction of attempted robbery in the first degree since the evidence failed to satisfy that element of Penal Law § 160.15(4) which requires that a defendant "display what appears to be a * * * firearm". This claim is unpreserved for appellate review (see, CPL 470.05[2];People v. Bynum, 70 N.Y.2d 858 ; see also, People v. Gray, 86 N.Y.2d 10 ; People v. Udzinski, 146 A.D.2d 245 ), and we decline to review it in the exercise of our interest of justice jurisdiction.
O'BRIEN, J.P., ALTMAN, LUCIANO, and SMITH, JJ., concur.