Opinion
Argued December 11, 1979
Decided January 3, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN J. REILLY, J.
S. Simpson Gray and Louis A. Garcia for appellant.
Mario Merola, District Attorney (Cary W. Sucoff and Alan D. Marrus of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed. The argument that the defendant should be relieved of his guilty plea was not raised by motion in the court of first instance prior to conviction and therefore has not been preserved for our review (People v Bell, 47 N.Y.2d 839; People v Adams, 46 N.Y.2d 1047). The denials of his postconviction motions are not before us on this appeal.
With respect to the claim of ineffective assistance of counsel, raised for the first time on appeal, there is nothing apparent in this record which would support this contention.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.