Opinion
Submitted October 19, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered December 2, 1998, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert and Robert K. Sauer of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that the jury verdict convicting him of robbery in the first degree and acquitting him of criminal possession of a weapon in the third degree was repugnant or inconsistent is not preserved for appellate review as no objection was raised before the jury was discharged (see, People v. Satloff, 56 N.Y.2d 745).
In addition, the verdict was not against the weight of the evidence (see, CPL 470.15).
Moreover, the trial court's refusal to charge the lesser-included offense of larceny by false promise was not error (see, People v. Norman, 85 N.Y.2d 609; People v. Wedgeworth, 104 A.D.2d 915).
The defendant's remaining contentions are without merit