Opinion
KA 03-00347.
December 31, 2003.
Appeal from a judgment of Onondaga County Court (Walsh, J.), entered October 23, 2002, convicting defendant upon his plea of guilty of arson in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
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 or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that his plea was coerced ( see People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944; see also CPL 470.05; People v. Akridge, 253 A.D.2d 727, lv denied 92 N.Y.2d 1027; see generally People v. Lopez, 71 N.Y.2d 662, 665). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). Because we are affirming the judgment in appeal No. 1, "there is no merit to defendant's contention that the plea on the indictment in appeal No. 2 should be vacated pursuant to People v. Fuggazzatto ( 62 N.Y.2d 862, 863)" ( People v. Van Every [appeal No. 1], 2 A.D.3d 977, 979; see People v. Cato, 306 A.D.2d 914).