Opinion
May 28, 1985
Appeal from the Supreme Court, Westchester County (Wood, J.).
Judgments affirmed.
By pleading guilty, defendant forfeited any right to appellate review of the denial of his motion to dismiss indictment No. 81-00359-01 on the ground that the People were not ready for trial within the period prescribed by CPL 30.30 ( see, People v O'Brien, 56 N.Y.2d 1009; People v. Howe, 56 N.Y.2d 622; People v Friscia, 51 N.Y.2d 845). Moreover, "our interests of justice powers (see CPL 470.15, subd 6) [do not] authorize review of issues waived by a plea of guilty ( People v. Howe, 56 N.Y.2d 622)" ( People v. Macy, 100 A.D.2d 557). Defendant's further claim that the issue was preserved at the time he entered his pleas is without merit. "A defendant cannot by a unilateral recital of an intention or desire to preserve a legal contention evade what would otherwise be the consequences of his guilty plea" ( People v. Mack, 53 N.Y.2d 803, 806). The record does not support the contention that defendant had secured the consent of the prosecutor and the approval of the court to preserve his statutory speedy trial claim for appellate review. In any event, such attempt at preservation would have been ineffectual ( People v. O'Brien, supra, at p 1010).
In addition, the claim that the pleas were involuntary has not been preserved for our review (CPL 470.05; People v Pellegrino, 60 N.Y.2d 636; People v. Willie, 101 A.D.2d 819) and we find no reason to set the pleas aside in the interest of justice. Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.