Appellate Division of the Supreme Court of the State of New York May 17, 2001 (People v. Mitchell)

—Crew III, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 23, 1997, upon a verdict convicting defendant of the crimes of attempted robbery in the first degree (two counts), robbery in the first degree, criminal use of a firearm in the first degree, grand larceny in the fourth degree and criminal possession of a weapon in the second degree (two