PEOPLE v. BROWN

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

The PEOPLE, etc., Respondent, v. Trysone BROWN, Appellant.

Decided: August 18, 1997

Before MANGANO, P.J., and RITTER, SULLIVAN, ALTMAN and McGINITY, JJ. Daniel L. Greenberg, New York City (Carlos G. Manalansan, of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano and Nicole Beder, of counsel;  Sheryl L. Arshadnia, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered December 27, 1995, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that the trial court should have granted his motion to withdraw his guilty plea because it failed to inform him that he faced increased punishment and would not be allowed to withdraw his plea if he was rearrested pending sentence is not preserved for appellate review, as the defendant did not move to withdraw his plea on this ground (see, People v. Mackey, 77 N.Y.2d 846, 567 N.Y.S.2d 639, 569 N.E.2d 442;  People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Granton, 236 A.D.2d 624, 655 N.Y.S.2d 49;  People v. Mesquite, 234 A.D.2d 395, 651 N.Y.S.2d 546).   In any event, the defendant's contention is without merit (see, People v. Patterson, 227 A.D.2d 572, 643 N.Y.S.2d 171).

MEMORANDUM BY THE COURT.

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