Majority
Appeal by defendant from a judgment of the County Court, Westchester County (Edelstein, J.), rendered July 1, 1982, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. I Judgment affirmed. 11 We note that the issues raised by the defendant concerning his plea of guilty were not presented to the court of first instance by way of a motion to withdraw the plea or to vacate the judgment. Accordingly, those issues have not been preserved for our review (see People v Pellegrino, 60 NY2d 636 ; People v Thomas, 74 AD2d 317 , affd 53 NY2d 338 ). In any event, were we to address the merits, we would affirm. Mollen, P. J., Titone, Weinstein and Rubin, JJ., concur.
Cases cited
- People v. Pellegrino 60 NY2d 636 p. 819
- People v. Thomas 74 AD2d 317 p. 819
- People v. Thomas 53 NY2d 338 p. 819