PEOPLE v. PRESCOTT

Ordered that the judgments are affirmed.

The defendant never moved to withdraw his guilty plea under Indictment No. 6356/87. Having failed to raise the claim that his allocution disclosed the existence of a possible agency defense before the Supreme Court by motion to vacate the plea or otherwise, the defendant's current contention is unpreserved for appellate review (CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Fairclough, 116 A.D.2d 586), and reversal is not warranted in the interest of justice. Inasmuch as the defendant's guilty plea under Indictment No. 6356/87 is sustained, his related plea under Superior Court Information 10491/88 need not be set aside (cf., People v. Fuggazzatto, 62 N.Y.2d 862; People v Clark, 45 N.Y.2d 432). Balletta, J.P., Miller, Ritter and Copertino, JJ., concur.