Opinion
June 29, 1993
Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).
Defendant did not preserve for appellate review his claim that the trial court erred in accepting his plea without first conducting a CPL 730.10 hearing (see, People v. Lopez, 71 N.Y.2d 662), and we decline to review in the interest of justice. Were we to review, we would note that defendant on seven separate occasions refused to submit to a psychiatric examination and thus cannot maintain that his rights to a hearing were violated (cf., Matter of Lee v. County Ct., 27 N.Y.2d 432, 442 [defendant precluded from offering expert testimony at trial for having refused to submit to a psychiatric examination], cert denied 404 U.S. 823).
The predicate felony information showed that defendant had one prior felony, which he never challenged. Therefore, the present claim that the prior felony was a youthful offender adjudication was waived (see, People v. Smith, 73 N.Y.2d 961, 962).
Concur — Carro, J.P., Ellerin, Rubin and Nardelli, JJ.