PEOPLE v. POTTER

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in failing to make a further inquiry into the circumstances surrounding his post-plea arrest is unpreserved for appellate review (see, CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Scott, 275 A.D.2d 723; People v. Miles, 268 A.D.2d 489). In any event, the contention is without merit (see, People v. Outley, 80 N.Y.2d 702).

The defendant was not denied the effective assistance of counsel (see, People v. Modica, 64 N.Y.2d 828; People v. Orengo, 286 A.D.2d 344 [2d Dept., Aug. 6, 2001]; People v. Mobley, 221 A.D.2d 376).

SANTUCCI, J.P., S. MILLER, LUCIANO and SMITH, JJ., concur.