It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her after a nonjury trial of attempted assault in the second degree (Penal Law §§ 110.00, 120.05) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Although defendant contends that Supreme Court erred in failing to conduct a hearing on that part of her pretrial motion to suppress a weapon recovered from a garbage can, the record establishes that defendant did not seek suppression of the weapon in her motion papers and instead sought suppression of only a red T-shirt. Defendant therefore failed to preserve her present contention for our review ( see CPL 470.05). Even assuming, arguendo, that defendant sought suppression of the weapon, we would nevertheless conclude that she abandoned her contention that the court erred in failing to conduct a hearing with respect to the weapon inasmuch as she did not obtain a ruling on her suppression motion, nor did she object when the weapon was admitted in evidence at trial ( see People v. Smikle, 1 AD3d 883, 884, lv denied 1 NY3d 634; People v. Boccaccio, 288 AD2d 898; see also People v. DiLenola, 245 AD2d 1132, 1133; see generally People v. Rodriguez, 50 NY2d 553). "In any event, in light of the inadequacy of defendant's moving papers, the failure to hold a hearing was not error" ( People v. O'Connor, 242 AD2d 908, 910, lv denied 91 NY2d 895; see CPL 710.60).
Defendant further contends that the court erred in finding her guilty of attempted assault in the second degree because it is not a lesser included offense of attempted murder in the second degree under Penal Law § 125.25 (1), with which she was charged. Although attempted assault in the second degree under subdivision (1) of Penal Law § 120.05 is a lesser included offense of attempted murder in the second degree under Penal Law § 125.25 (1) ( see People v. Cabassa, 79 NY2d 722, 729, cert denied sub nom. Lind v. New York, 506 US 1011; People v. Autry, 291 AD2d 896, lv denied 98 NY2d 672), defendant is correct that attempted assault in the second degree under subdivision (2) of Penal Law § 120.05 is not ( see People v. Martinez, 134 AD2d 458, 459, lv denied 70 NY2d 957). Here, the court failed to specify the subdivision of Penal Law § 120.05 on which it relied in finding defendant guilty of attempted assault in the second degree as a lesser included offense of attempted murder in the second degree. "Any error by the trial court in considering . . . a lesser crime arising out of the same criminal transaction as an indicted crime, that is not in fact a lesser included offense, is waived [where, as here, defendant fails to make a] timely objection" ( People v. Ford, 62 NY2d 275, 279). Indeed, the record establishes that, in affirmatively requesting that the court consider attempted assault in the second degree as a lesser included offense, defendant failed to specify the subdivision that she wished the court to consider ( see generally People v. Terry, 180 AD2d 700; People v. Corley, 162 AD2d 1020, lv denied 76 NY2d 892).