PEOPLE v. BLACKFORD (2000)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brill, J.), rendered September 6, 1996, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant failed to move to withdraw his plea of guilty before the Supreme Court, and his present challenges to the sufficiency of his allocution are therefore unpreserved for appellate review (see, People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160;  People v. Naglieri, 262 A.D.2d 426, 693 N.Y.S.2d 49;  People v. Smith, 260 A.D.2d 510, 686 N.Y.S.2d 333;  People v. Gayle, 224 A.D.2d 710, 638 N.Y.S.2d 733).   In any event, his contentions are without merit.   The Supreme Court properly exercised its discretion in revoking the initial sentence commitment of six months imprisonment and five years probation as a youthful offender upon the defendant's arrest, while he was free on bail awaiting sentence herein, and subsequent conviction (see, People v. Blackford, 256 A.D.2d 619, 683 N.Y.S.2d 577;  People v. Fields, 261 A.D.2d 339, 690 N.Y.S.2d 432).   The defendant had been expressly warned that if he was arrested for any other crime before the imposition of sentence, the Supreme Court would not be bound by its prior sentence promise and he would be sentenced to “much more time” than originally promised (see, People v. Figgins, 87 N.Y.2d 840, 637 N.Y.S.2d 684, 661 N.E.2d 156;  People v. Miles, 268 A.D.2d 489, 703 N.Y.S.2d 491;   People v. McCain, 260 A.D.2d 407, 686 N.Y.S.2d 711).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

MEMORANDUM BY THE COURT.