People v. Burnett

Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered April 22, 1983, convicting him of robbery in the first degree, upon a plea of guilty, and imposing sentence.

Judgment affirmed.

Defendant’s contention that Criminal Term erred in accepting his plea of guilty to robbery in the first degree without informing him of the availability of an affirmative defense, under subdivision 4 of section 160.15 of the Penal Law, which, if established at trial, could result in conviction of a lesser degree of robbery, was not preserved for appellate review by reason of…