Opinion
April 18, 1994
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the judgment is affirmed.
The defendant contends for the first time on appeal that the court erred in accepting his plea of guilty, after acknowledging that he "simulated" the use of a gun during the robbery by holding his hand in his pocket, without the court inquiring as to whether the defendant was aware of the affirmative defense set forth in Penal Law § 160.15 (4). However, the defendant did not move to withdraw his plea of guilty on this ground (see, People v Bell, 47 N.Y.2d 839; People v Willingham, 194 A.D.2d 703; People v Rhodes, 176 A.D.2d 828). Therefore, the issue is not preserved for appellate review.
The defendant's remaining contentions are unpreserved for appellate review or without merit. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.