Opinion
KA 00-01492
February 1, 2002.
Appeal from a judgment of Monroe County Court (Marks, J.), entered April 6, 2000, convicting defendant upon his plea of guilty of, inter alia, murder in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (ARTHUR G. WEINSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he was coerced into pleading guilty ( see, People v. Nixon, 278 A.D.2d 941, lv denied 96 N.Y.2d 786). In any event, defendant's contention is without merit.