People v. Rodriguez

— Appeal from a judgment of Supreme Court, Erie County (Buscaglia, J.), entered January 11, 2000, convicting defendant after a jury trial of robbery in the first degree and robbery in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting *1360him after a jury trial of robbery in the first degree (Penal Law § 160.15 [4]) and robbery in the second degree (§ 160.10 [1]) for robbing a gasoline station/food mart with two other men. Defendant failed to preserve for our review his…