Opinion
April 17, 1990
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
Defendant was originally convicted by a jury of attempted robbery in the first degree, but the conviction was reversed by the Court of Appeals and a new trial ordered (People v. Silvers, 68 N.Y.2d 957). On remand, defendant pleaded guilty to robbery in the second degree, but, at sentencing, challenged a predicate felony statement on the ground that the plea underlying the 1975 conviction set forth in the statement was unconstitutionally obtained because he had not been informed of his right to a jury trial or to confront his accusers. Now, on appeal, defendant challenges his predicate status on the ground that he believed in 1975 that he was pleading guilty to a misdemeanor, not a felony. While this argument was raised by defendant in the original trial, it was not raised in this proceeding at the trial level, and is thus not preserved for review absent a showing of good cause for such failure to preserve (CPL 400.21 [b]; 470.05).
Concur — Sullivan, J.P., Ross, Ellerin, Wallach and Smith, JJ. [ See, ___ A.D.2d ___ (July 3, 1990).]