Opinion
773
April 10, 2003.
Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered June 22, 2001, convicting defendant, after a jury trial, of attempted robbery in the first and second degrees, and sentencing him to concurrent terms of 5 years and 3½ years, respectively, unanimously affirmed.
Albert Ceva, for respondent.
Amy Donner, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.
Defendant's argument that his conviction of attempted first-degree robbery was unsupported by legally sufficient evidence is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence warranted a rational inference that defendant grabbed at the victim's bracelet with intent to steal it, and that defendant's use of a razor-like weapon was intended, at least in part, to accomplish the theft of the bracelet (see People v. Norris, 196 A.D.2d 512, lv denied 82 N.Y.2d 723; People v. Stokes, 165 A.D.2d 763, lv denied 76 N.Y.2d 991; see also People v. Pena, 50 N.Y.2d 400, 408, cert denied 449 U.S. 1087). We also find that the verdict was not against the weight of the evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.