People v. Britton

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, attempted kidnapping in the second degree (Penal Law §§ 110.00, 135.20). Defendant’s contention that he was unlawfully arrested in his home without an arrest warrant in violation of Payton v New York (445 US 573 [1980]) is unpreserved for our review inasmuch as he failed to raise it before County Court (see People v Smith, 55 NY2d 888, 890 [1982]; People v Long, 195 AD2d 610, 610 [1993], lv denied 82 NY2d 756 [1993]; People v Sneed, 191 AD2d 969, 969-970 [1993]), and we decline to exercise our…