People v. Lee

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered December 21, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and sentencing him to 21/2 to 5 years’ imprisonment as a second felony offender under Penal Law § 70.06.

Judgment affirmed.

On appeal, defendant argues that the trial court erred in taking his guilty plea without explicitly advising him that he was giving up his right to testify at trial. Defendant also argues that Penal Law § 70.06 is unconstitutional. Neither of those arguments was raised prior to…