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PEOPLE v. LUGO

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 21, 2001

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 ยง 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.