People v. Glover

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of attempted robbery in the first degree. We decline to modify the judgment by reducing the conviction to attempted robbery in the second degree (see, CPL 470.15 [6] [a]; People v Mierzwa, 124 AD2d 1038, lv denied 69 NY2d 714). Further, we conclude that the jury verdict rejecting the defense of insanity is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

Although the prosecutor improperly elicited testimony concerning defendant’s post-arrest silence by asking a…