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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ASEP, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Richmond County (Barlow, J.), rendered February 26, 1980, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Not having raised the issues by motion to vacate or otherwise at nisi prius, defendant's argument that he should be relieved of his guilty plea has not been preserved for appellate review ( People v Pellegrino, 60 N.Y.2d 636; People v Earle, 97 A.D.2d 798). In any event, the plea was properly accepted (see People v McGowen, 42 N.Y.2d 905) and we see no merit to defendant's ineffective assistance of counsel claim. There appear to be no valid bases for the suppression motions that defendant maintains counsel should have made ( People v De Mauro, 48 N.Y.2d 892; Li Puma v Corrections Comm., 560 F.2d 84, cert den 434 U.S. 861; People v Shannon, 92 A.D.2d 554). Titone, J.P., Lazer, O'Connor and Boyers, JJ., concur.

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PEOPLE v. ASEP
(Nov 14, 1983)