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THE PEOPLE, etc., respondent, v. ALSHAMEEK McCOY, appellant. (Ind. No. 1476/98)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's present claim that his plea should be vacated because of a defective allocution was not preserved by a timely motion pursuant to CPL 220.60 to withdraw his plea on the ground now asserted (see, People v. Johnson, 82 N.Y.2d 683 ; People v. Mackey, 77 N.Y.2d 846 ).

To the extent that the defendant challenges an order denying him relief pursuant to CPL 440.10, his failure to obtain leave to appeal from that order forecloses review of the order (see, CPL 450.15).

The defendant's remaining contention is without merit.

BRACKEN, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.

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PEOPLE v. McCOY
(Mar 23, 2000)