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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEWITT P. GIBSON, Appellant.

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of burglary in the second degree, defendant contends that his plea of guilty was coerced by the threat of a heavier sentence if he proceeded to trial. We disagree. The prosecutor, rather than the court, referred to the possibility of a charge of rape in the first degree and, at most, defendant was faced with a potential trial on a more serious charge (cf., People v. Beverly, 139 A.D.2d 971; People v. Christian, 139 A.D.2d 896, lv denied 71 N.Y.2d 1024).

We have examined defendant's remaining issues on appeal and find them lacking in merit.

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PEOPLE v. GIBSON
(Nov 16, 1990)