People v. Spry

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 16, 1995, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him to concurrent terms of l1/2 to 41/2 years, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

Defendant’s claims are unpreserved, and in any event, without merit. Evidence that defendant and two companions followed the complainant onto an elevator, where, once alone, either defendant or the codefendant pushed the…