Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10) and sentencing him to an indeterminate term of incarceration of 4 to 8 years. The sole contention of defendant on appeal is that the police purposefully delayed filing a felony complaint against him and failed to obtain or seek an arrest warrant prior to his arrest outside of his home in order to circumvent his right to counsel. It is well establish that "there is no constitutional right to be arrested" ( People v. Counts, 214 A.D.2d 897, lv denied 86 N.Y.2d 792). We conclude that, even if the police deliberately delayed filing a felony complaint and "failed to obtain an arrest warrant before speaking to defendant in order to avoid the attachment of defendant's right to counsel, that failure would not require suppression of defendant's statement" ( People v. Dyson, 221 A.D.2d 1004, 1005, lv denied 87 N.Y.2d 1019; see, People v. Caviano, 194 A.D.2d 429, 431, lv denied 82 N.Y.2d 892).