Opinion
July 14, 1995
Appeal from the Erie County Court, D'Amico, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the verdict is against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant failed to preserve for our review his contention that count one of the indictment, charging him with attempted grand larceny in the second degree, must be dismissed for failure to comply with CPL 200.50 (7) (see, CPL 470.05; People v. Limpert, 186 A.D.2d 1005, 1005-1006, lv denied 81 N.Y.2d 764; see also, People v. Iannone, 45 N.Y.2d 589, 600), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).