People v. Falet

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered August 18, 1997, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree and criminal use of a firearm in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7 years, unanimously affirmed.

Defendant’s claim that attempted robbery in the first degree, an armed felony, cannot serve as the predicate for the offense of criminal use of a firearm is unpreserved for appellate review (People v Silverio, 252 AD2d 358, lv denied 92 NY2d 930), and, in any event,…