Opinion
January 14, 1991
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
The defendant contends that the court improvidently exercised its discretion in refusing to accept his prior plea of guilty, which was to attempted robbery in the second degree. However, by subsequently pleading guilty to robbery in the second degree, the defendant effectively waived his right to appellate review of this issue (see, People v Albanese, 163 A.D.2d 482; People v Boyce, 150 A.D.2d 471; People v Guerrero, 140 A.D.2d 456). In any event, upon our review of the record we find no improvident exercise of discretion by the court in rejecting the defendant's prior plea of guilty as offered. Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.