People v. Everette

Judgment, Supreme Court, New York County (Herbert Altman, J., at suppression hearing; Ira Beal, J., at trial and sentence), rendered August 10, 1993, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 to 16 years, unanimously affirmed.

Defendant’s claim that the evidence was insufficient to establish that defendant displayed what appeared to be a firearm during the commission of the robbery (Penal Law § 160.15 [4]; see, People v Lopez, 73 NY2d 214) is unpreserved for appellate review as a matter of law and…