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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOSE LUGO, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him upon a plea of guilty of four counts of robbery in the first degree (Penal Law § 160.15), defendant contends that County Court erred in denying his motion to suppress his statements to the police because they were not voluntarily made. We disagree ( see, People v. Anthony, 24 N.Y.2d 696, 701-702). Defendant's further contention that the statements should have been suppressed because they were illegally taken without an arrest warrant and without probable cause ( see, Payton v. New York, 445 U.S. 573, 576; Dunaway v. New York, 442 U.S. 200, 216-217) is not preserved for our review ( see, CPL 470.05). The sentence is neither unduly harsh nor severe.

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PEOPLE v. LUGO
(Mar 21, 2001)