Opinion
July 30, 1990
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
The defendant contends that his claim of error with respect to the trial court's denial of his preplea request for production of a confidential informant is preserved for appellate review because the People allegedly specifically agreed to its preservation. Since the record does not support the defendant's contention, we find that the issue is not preserved for appellate review (see, People v. O'Brien, 56 N.Y.2d 1009, affg 84 A.D.2d 567), and we decline to review it in the exercise of our interest of justice jurisdiction under the particular circumstances of this case (cf., People v. Thomas, 74 A.D.2d 317, 318, affd 53 N.Y.2d 338). We note that the defendant may move to vacate his plea of guilty by postjudgment motion on the basis that it was induced by a mistaken belief that he had preserved his right to appellate review of this issue (see, People v. Boyce, 150 A.D.2d 471; see also, People v. O'Brien, supra; People v. Montanus, 90 A.D.2d 992). Bracken, J.P., Kunzeman, Eiber and O'Brien, JJ., concur.