Opinion
Argued December 14, 1979
Decided January 10, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JAMES J. LEFF, J.
Irving Anolik for appellant.
Robert M. Morgenthau, District Attorney (Marc Frazier Scholl and Vivian Berger of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for the reasons stated by that court.
The plea entered in the Criminal Court of the City of New York was a nullity and had no binding effect on subsequent proceedings (see People v Bartley, 47 N.Y.2d 965).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.