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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Daniel BOSTICK, Defendant-Appellant.

Decided: January 21, 1997

Before MURPHY, P.J., and MILONAS, ROSENBERGER, ELLERIN and WILLIAMS, JJ. David M. Cohn, for Respondent. Lawrence B. Laraus, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Howard Bell, J.), rendered November 3, 1994, convicting defendant, upon his guilty plea, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 11/212 to 3 years, unanimously affirmed.

When defendant, represented by new counsel, made an informed decision to plead guilty, he forfeited the right to argue that he was denied the opportunity to testify before the Grand Jury because of his prior attorney's errors (People v. Roberts, 163 A.D.2d 68, 557 N.Y.S.2d 85, lv. denied 76 N.Y.2d 863, 560 N.Y.S.2d 1003, 561 N.E.2d 903).