PEOPLE v. BUTLER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that his plea was coerced ( see People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944; see also CPL 470.05; People v. Akridge, 253 A.D.2d 727, lv denied 92 N.Y.2d 1027; see generally People v. Lopez, 71 N.Y.2d 662, 665). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see 470.15 [6] [a]). Because we are affirming the judgment in appeal No. 1, "there is no merit to defendant's contention that the plea on the indictment in appeal No. 2 should be vacated pursuant to People v. Fuggazzatto ( 62 N.Y.2d 862, 863)" ( People v. Van Every [appeal No. 1], 2 A.D.3d 977, 979; see People v. Cato, 306 A.D.2d 914).