Opinion
July 13, 1990
Appeal from the Wyoming County Court, Dadd, J.
Present — Dillon, P.J., Callahan, Green, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant waived prosecution by indictment, consented to be prosecuted by a superior court information charging him with burglary in the second degree, and pleaded guilty to that charge. The court subsequently granted defendant's application to withdraw his plea, but denied his request to withdraw the waiver of indictment. Defendant, after further plea negotiations, again pleaded guilty. On this appeal, he contends that he was denied due process by the court's refusal to permit withdrawal of the waiver of indictment. Defendant, by pleading guilty, forfeited appellate review of that issue (see, People v. Stewart, 122 A.D.2d 236; People v. Ferrara, 99 A.D.2d 257, 259).