Ordered that the judgment is modified, on the facts, by vacating the conviction of attempted robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's claim that the evidence adduced at the trial was legally insufficient to support his conviction is unpreserved for appellate review (see CPL 470.05 [2]), and we decline to reach that issue in the exercise...
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