Opinion
April 16, 1998
Appeal from the Supreme Court, New York County (Clifford Scott, J., on pretrial motions; Harold Rothwax, J., at plea and sentence).
Since defendant, while represented by new counsel, made an informed decision to plead guilty, he forfeited his right to claim on appeal that he was denied the opportunity to testify before the Grand Jury as the result of his prior attorney's errors ( People v. Bostick, 235 A.D.2d 287, lv denied 89 N.Y.2d 1089). In any event, defendant's motion to dismiss the indictment on this ground was both untimely (CPL 190.50 [c]) and without merit ( see, People v. Wiggins, 89 N.Y.2d 872).
Concur — Milonas, J.P., Nardelli, Wallach and Andrias, JJ.