Opinion
May 27, 1999
Appeal from the Supreme Court, Kings County (Lott, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve his challenge to the voluntariness of his plea since he never moved to withdraw his plea or to vacate the judgment of conviction in the Supreme Court ( see, People v. Pellegrino, 60 N.Y.2d 636). In any event, the defendant knowingly and voluntarily entered into the plea and concomitant waiver of the right to appeal with the advice of counsel. Thus, the defendant has forfeited review of the court's adverse ruling on the People's Molineux application both by the plea itself and by his waiver of the right to appeal ( see, People v. Molineux, 168 N.Y. 264; People v. Muniz, 91 N.Y.2d 570; People v. Gerber, 182 A.D.2d 252, 260; People v. Jones, 255 A.D.2d 456).
S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.