PEOPLE v. WHETSTONE

Judgment unanimously affirmed.

Memorandum:

Defendant contends that his right to counsel may have been violated at a meeting on March 4, 1999 prior to his testimony before a Federal Grand Jury concerning an unrelated criminal investigation. Although the violation of the right to counsel may be raised for the first time on appeal ( see, People v. Samuels, 49 N.Y.2d 218, 221), defendant's contention is not supported by the record ( see, People v. Redd, 272 A.D.2d 168, 169; People v. Berezansky, 229 A.D.2d 768, 772, lv denied 89 N.Y.2d 919; People v. Farinaro, 110 A.D.2d 653, 655-656). The further contention of defendant that Supreme Court erred in summarily denying his pretrial motion to dismiss the indictment in furtherance of justice ( see, CPL 210.40) is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [c]). The sentence is not unduly harsh or severe.