People v. Primm

Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered December 5, 2003. The judgment convicted defendant, upon his plea of guilty, of robbery in the third degree.

*1307It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05), defendant contends that Supreme Court erred in imposing an enhanced sentence without affording him an opportunity to withdraw his plea. Defendant did not object to the…