Opinion
December 23, 1985
Appeal from the County Court, Nassau County (Thorp, J.).
Judgment affirmed.
Since defendant pleaded guilty to robbery in the second degree as a lesser included offense of robbery in the first degree charged in the indictment, the issue of the sufficiency of the Grand Jury evidence was waived (see, People v Pelchat, 62 N.Y.2d 97, 108; People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338; see also, People v Case, 42 N.Y.2d 98). Moreover, the prosecution did not fail to timely produce exculpatory matter. Finally, suppression of the identification testimony of the witness Weatherly was properly denied (see, Manson v Brathwaite, 432 U.S. 98). Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.