Opinion
March 17, 1995
Appeal from the Ontario County Court, Harvey, J.
Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that his threatened use of force was not sufficiently proximate in time to his taking of property to constitute threatening the immediate use of physical force upon another person for the purpose of retaining property "immediately after the taking" (Penal Law § 160.00). We disagree (see, People v. Dekle, 83 A.D.2d 522, affd 56 N.Y.2d 835; People v. Johnstone, 131 A.D.2d 782, lv denied 70 N.Y.2d 800). Defendant's sentence is neither unduly harsh nor severe. Defendant's remaining contention is unpreserved (see, CPL 470.05), and we decline to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).