People v. Walter

Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered June 23, 2004. The judgment convicted defendant, upon a jury verdict, of robbery in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment rendered upon a jury verdict convicting him of robbery in the third degree (Penal Law § 160.05) as a lesser included offense of the indicted offense of robbery in the first degree (§ 160.15 [4]). Defendant failed to preserve for our review his contention…