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THE PEOPLE, ETC., respondent, v. ROBERT HIGGINS, appellant.

DECISION ORDER

ORDERED that the judgments and resentence are affirmed.

The defendant's argument that he should be relieved of his plea of guilty because he was never advised that, pursuant to the plea agreement, he would receive post-release supervision, was not preserved for appellate review because he did not raise the argument by motion to vacate or otherwise in the court of first instance (see People v. Pellegrino, 60 N.Y.2d 636; People v. Wilson, 296 A.D.2d 430).

Contrary to the defendant's contention, he received meaningful representation and was not denied the effective assistance of counsel (see People v. Ford, 86 N.Y.2d 397; People v. Baldi, 54 N.Y.2d 137, 147).

SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.

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PEOPLE v. HIGGINS
(Apr 21, 2003)