Opinion
February 22, 1999
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant's contention that his conviction for robbery in the first degree should be vacated because of the clerk's misstatement of the third count of the indictment in polling the jury is unpreserved for appellate review since he did not bring the error to the court's attention before the jury was discharged ( see, People v. Mercado, 91 N.Y.2d 960, 963; People v. Manila, 7 N.Y.2d 319, 320; People v. Brown, 214 A.D.2d 579, 580). In any event, the verdict was properly rendered and recorded in the minutes, and therefore was final ( cf., People v. Greenfield, 70 A.D.2d 662, 663). The record clearly evinces the jury's intent to find the defendant guilty of robbery in the first degree ( see, People v. Salemmo, 38 N.Y.2d 357, 361).
The sentence imposed is not excessive ( see, People v. Arogundy, 112 A.D.2d 1003; People v. Suitte, 90 A.D.2d 80, 86-87).
Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.