People v. Walton

Judgment, Su*566preme Court, New York County (Charles Tejada, J.), rendered November 12, 1992, convicting defendant, after a jury trial, of attempted robbery in the third degree and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant failed to preserve for appellate review his claim that the court provided an erroneous supplementary instruction, i.e., that "motivation is not an issue”, and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. While the absence of motive evidence may…