PEOPLE v. BROWN

Judgment unanimously affirmed. Memorandum: Defendant contends that, if we reverse his March 10, 1988 conviction, the guilty plea underlying his July 7, 1988 conviction must be vacated because it was expressly conditioned on the court's promise that the sentence imposed thereon would run concurrently with, and not exceed, that imposed on the prior conviction (see, People v. Fuggazzatto, 62 N.Y.2d 862; People v. Clark, 45 N.Y.2d 432, 440). Affirmance of defendant's March 10, 1988 conviction (see, People v. Brown [appeal No. 1], 167 A.D.2d 847 [decided herewith]) is dispositive of defendant's Fuggazzatto claim.