Opinion
January 29, 1996
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
Since the defendant's contention that the court should have ordered a psychiatric and physical examination pursuant to CPL 390.30 was never raised during the plea proceedings or at sentencing when it might have been remedied, but rather is raised for the first time on appeal, it is not preserved for appellate review ( see, CPL 470.05; People v Carbone, 159 A.D.2d 511; People v Smith, 171 A.D.2d 1060). Moreover, under the circumstances of this case, the court did not err when it failed, sua sponte, to order an examination pursuant to CPL 390.30. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.