Opinion
December 9, 1996.
Appeal by the defendant from a judgment of the County Court, Nassau County (Dunne, J.), rendered August 16, 1994, convicting him of robbery in the first degree, rape in the first degree, criminal use of a firearm in the first degree (two counts), and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Before: Bracken, J.P., Copertino, Joy and Altman, JJ.
Ordered that the judgment is affirmed.
The defendant objects to his simultaneous convictions of robbery in the first degree (Penal Law § 160.15) and criminal use of a firearm in the first degree (Penal Law § 265.09), where the predicate violent felony supporting the weapon conviction is based on the same facts as those which underlie the robbery conviction, and where the two convictions share common elements ( see, People v Brown, 67 NY2d 555). The defendant's conviction on these two counts is "technically proper" ( People v Brown, supra, at 560). The defendant's plea of guilty forecloses review of any possible nonjurisdictional error ( see, People v Carroll, 181 AD2d 904; People v Garner, 174 AD2d 1028; People v Brooks, 167 AD2d 854; People v Bones, 103 AD2d 1012; see also, People v Walton, 41 NY2d 880; People v Thompson, 202 AD2d 456; People v Rodriguez, 153 AD2d 961; People v Freeman, 117 AD2d 677).
The defendant's remaining contention is without merit.