Opinion
June 22, 2000.
Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered August 18, 1997, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree and criminal use of a firearm in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7 years, unanimously affirmed.
Adam L. Goldman, for respondent.
Lisa Joy Robertson Pro Se, for defendant-appellant.
Before: Ellerin, J.P., Rubin, Saxe, Buckley, JJ.
Defendant's claim that attempted robbery in the first degree, an armed felony, cannot serve as the predicate for the offense of criminal use of a firearm is unpreserved for appellate review (People v. Silverio, 252 A.D.2d 358, lv denied 92 N.Y.2d 930), and, in any event, is foreclosed by his plea of guilty (People v. Walton, 41 N.Y.2d 880; People v. Webb-Payne, 234 A.D.2d 403, lv denied 89 N.Y.2d 1102).
The claims contained in defendant's pro se supplemental brief are unpreserved, forfeited by his guilty plea, based on factual assertions dehors the record, or are otherwise procedurally defective and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.