Opinion
April 16, 1998
Appeal from the County Court of Rensselaer County (McGrath, J.).
When this matter previously was before us, we determined that defendant's 1990 plea allocution to attempted murder in the second degree could not subsequently be used in a murder trial arising out of the same transaction ( 234 A.D.2d 864). The Court of Appeals reversed that determination ( 90 N.Y.2d 795) and remitted the case to us pursuant to CPL 470.40 (2) (b). Inasmuch as the sole issue raised by defendant on the prior appeal related to the plea allocution, we now affirm.
Mikoll, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.
Ordered that the judgment is affirmed.