Opinion
December 27, 2000.
Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: WISNER, J. P., HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that he was coerced into pleading guilty ( see, People v. Williams, 272 A.D.2d 986; People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944). In any event, that contention is without merit. Defendant further contends that he could not be convicted of both criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16) because both counts involved the same cocaine. We reject that contention ( see, People v. Campbell, 175 A.D.2d 612, lv denied 78 N.Y.2d 1074; People v. Thomas, 174 A.D.2d 994, 995, lv denied 78 N.Y.2d 1012, 1015).