Opinion
October 2, 1989
Appeal from the Supreme Court, Queens County (Gallagher, J.).
Ordered that the judgment is affirmed.
The issues that the defendant now seeks to raise with respect to the validity of his guilty plea are either unpreserved for appellate review (see, People v Claudio, 64 N.Y.2d 858 ) or are without merit. The record establishes that the defendant voluntarily, knowingly and understandingly pleaded guilty to a reduced charge despite his claim of innocence (see, North Carolina v Alford, 400 U.S. 25; People v Serrano, 15 N.Y.2d 304). Moreover, the sentencing court did not improvidently exercise its discretion in denying the defendant's request to withdraw his guilty plea.
The record also establishes that the defendant's statements were admissible since he freely and knowingly waived his right to remain silent after he had been advised of his Miranda rights (see, People v Walker, 129 A.D.2d 751). Further, the weapon recovered from the vacant apartment where the defendant was found was the product of a search incident to a lawful arrest and, therefore, was also admissible. Therefore, suppression of that evidence was properly denied. Eiber, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.