People v. Gray

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered March 4, 2008, convicting him of robbery in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the People’s strained contention that certain arguments made by the defendant are unpreserved for appellate review. On this appeal, the defendant is asserting a single claim of error—that the Supreme Court erroneously refused to submit robbery in the third degree to the jury as a lesser-included offense—and…