Opinion
December 2, 1993
Appeal from the County Court of Albany County (Keegan, J.).
During trial, defendant pleaded guilty to rape in the first degree in full satisfaction of the charges contained in the indictment. Just prior to sentencing, he orally sought to withdraw the plea on the stated ground that he had subsequently learned of four witnesses who would be willing to testify in his behalf and because he wanted to have a chance to defend himself. County Court denied the request and this appeal ensued.
On appeal, defendant argues, apparently for the first time, that his guilty plea should be vacated because he was under the influence of medication at the time and thus the plea was not knowingly, intelligently or voluntarily made. Because this argument was not advanced below, however, it is not preserved for review (see, e.g., People v Claudio, 64 N.Y.2d 858, 859; People v Pellegrino, 60 N.Y.2d 636; People v Aloisi, 177 A.D.2d 491). In any event, a review of the plea allocution establishes that defendant's plea was valid. While he indicated to County Court that he had taken Sinequan that day, a drug he said he used "to keep my high activity down", the court questioned him concerning this and his ability to understand what was going on. His responses to these questions and to others indicated his faculties to be unimpaired. Accordingly, we see no error in County Court's acceptance of the plea (see, People v Ostrander, 136 A.D.2d 760). Nor do we discern any abuse of discretion in the court's denial of the application on the stated grounds advanced below (see, CPL 220.60).
Weiss, P.J., Mercure, Cardona and White, JJ., concur. Ordered that the judgment is affirmed.