Opinion
June 15, 1987
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
The defendant argues on appeal that his conviction of the crime of criminal use of a firearm in the first degree (see, Penal Law § 265.09) cannot be permitted to stand together with his conviction of two counts of robbery in the first degree (see, Penal Law § 160.15). However, since the issue is being raised for the first time on appeal, modification of the judgment under review is not warranted as a matter of law (see, People v Griffin, 114 A.D.2d 756, 757, lv denied 67 N.Y.2d 762; People v Sharon, 105 A.D.2d 1161; People v Bones, 103 A.D.2d 1012). Under the circumstances of this case, we see no reason to reach this issue in the interest of justice.
The remainder of the defendant's contentions have been examined and are found to be without merit. Thompson, J.P., Brown, Neihoff and Spatt, JJ., concur.