PEOPLE v. NITZKE

Mahoney, P.J.

By pleading guilty to burglary in the third degree and petit larceny, the crimes for which he was indicted, defendant waived any right to appellate review of his contentions that County Court erred in denying his motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 (1) (c) (see, People v Persico, 131 A.D.2d 603, lv denied 70 N.Y.2d 716) and in resolving his Sandoval motion (see, People v Emerson, 141 A.D.2d 924). Since there is no suggestion that the plea was in any way improper, the judgment must be affirmed.

Judgment affirmed. Mahoney, P.J., Kane, Yesawich, Jr., Levine and Mercure, JJ., concur.