Opinion
December 18, 1989
Appeal from the Supreme Court, Queens County (Kellam, J.).
Ordered that the judgment is affirmed.
Since the defendant failed to move to vacate his plea on the ground that he was unable to hear and understand the proceedings because of a hearing infirmity, this issue is not preserved for appellate review as a matter of law (see, People v Pellegrino, 60 N.Y.2d 636). In any event, reversal on this ground is not warranted in the exercise of our interest of justice jurisdiction. A review of the record indicates that the defendant was able to hear and understand the plea proceedings, as evidenced by his appropriate responses to all questions. While at sentencing the defendant mentioned that he was being treated for a hearing problem, he did not state when this purported hearing infirmity manifested itself. Mangano, J.P., Lawrence, Kooper and Rosenblatt, JJ., concur.