People v. Bell

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY E. BELL, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 5, 1979

47 N.Y.2d 839 (N.Y. 1979)

418 N.Y.S.2d 584

392 N.E.2d 570

Opinion

Argued May 1, 1979

Decided June 5, 1979

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ARNOLD W. PROSKIN, J.

Richard A. Kohn for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Not having raised the issue by motion to vacate or otherwise in the court of first instance, defendant's contention that he should be relieved of his guilty plea has not been preserved for our review. (People v Warren, 47 N.Y.2d 740; People v Adams, 46 N.Y.2d 1047.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

Order affirmed in a memorandum.