Opinion
January 13, 2000
Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered May 21, 1997, convicting defendant, upon his plea of guilty, of robbery in the second degree and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.
Robert W. Gifford for Respondent.
John H. Wilson for Defendant-Appellant.
SULLIVAN, J.P., WILLIAMS, RUBIN, BUCKLEY, FRIEDMAN, JJ.
Defendant's guilty plea forecloses review of his contention that he was denied his right to testify before the Grand Jury (People v. Harrison, 249 A.D.2d 113) and his challenge to the sufficiency of the evidence (People v. Washington, 262 A.D.2d 209, 691 N.Y.S.2d 765,lv denied 93 N.Y.2d 1006), which claims, in any event, are without merit.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.