Ordered that the judgment is affirmed.
Although the jury acquitted the defendant of the two counts of robbery in the first degree with which he was charged, the trial court's charge to the jury coupled with the evidence which demonstrated an attempted robbery by the defendant were sufficient for the jury to have found the defendant guilty of felony murder (see, People v. Tucker, 55 N.Y.2d 1; People v Murray, 92 A.D.2d 617).
The Trial Judge's denial of the defendant's motion for a mistrial after two brief incidents involving courtroom spectators was not improper, in view of the Trial Judge's observations that the first incident did not distract the jury from paying careful attention to the opening statements and the curative instructions given after the second incident (see, People v. Ortiz, 54 N.Y.2d 288, 292; People v. Santiago, 52 N.Y.2d 865, 866; People v Terry, 109 A.D.2d 807; People v. Onofrietti, 109 A.D.2d 896, 897). Thompson, J.P., Lawrence, Kunzeman and Sullivan, JJ., concur.