Opinion
Submitted February 9, 2000
March 23, 2000
Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered February 10, 1999, convicting him of robbery in the first degree (two counts), robbery in the second degree (two counts), and criminal use of a firearm in the first degree, upon his plea of guilty, and imposing sentence.
Martin Geoffrey Goldberg, Franklin Square, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Margaret Mainusch of counsel; Nell A. Mallen on the brief), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's present claim that his plea should be vacated because of a defective allocution was not preserved by a timely motion pursuant to CPL 220.60 to withdraw his plea on the ground now asserted (see, People v. Johnson, 82 N.Y.2d 683 ; People v. Mackey, 77 N.Y.2d 846 ).
To the extent that the defendant challenges an order denying him relief pursuant to CPL 440.10, his failure to obtain leave to appeal from that order forecloses review of the order (see, CPL 450.15).
The defendant's remaining contention is without merit.
BRACKEN, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.