Ordered that the judgment rendered against Courtney Sharpe is modified, on the law, by reversing the convictions for robbery in the first degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment rendered against Courtney Sharpe is affirmed; and it is further,
Ordered that the judgment rendered against O'Neill Sharpe is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), it was not legally sufficient to establish Courtney Sharpe's intent to rob the complainant at the time of the assault (see, People v Lopez, 58 A.D.2d 516; see also, People v West, 195 A.D.2d 490; Matter of Peter J., 184 A.D.2d 511).
The defendants' contention that they were improperly denied a Wade/Rodriguez hearing was waived when they failed to raise the issue by making a pretrial motion requesting such a hearing (see, CPL 710.40; 710.70; People v Rodriguez, 79 N.Y.2d 445, 452-453; People v Bertolo, 65 N.Y.2d 111, 121). Miller, J.P., O'Brien, Pizzuto and Krausman, JJ., concur.