barring review of a guilty plea claim on preservation groundsSummary of this case from King v. City of New York
Decided September 7, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM H. LOGUEN, J.
Andrew H. Rossmer for appellant.
Mario Merola, District Attorney ( Anthony R. Dellicarri of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed. Not having raised the issues by motion to vacate or otherwise in the court of first instance, defendant's arguments that he should be relieved of his guilty plea and that there was a failure to comply with CPL 400.21 have not been preserved for our review ( People v Pascale, 48 N.Y.2d 997; People v Bell, 47 N.Y.2d 839; People v Warren, 47 N.Y.2d 740).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.