PEOPLE v. MARSHALL

Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

By not moving in the court of first instance to withdraw his plea or vacate his conviction, the defendant failed to preserve for appellate review the issue of the sufficiency of his plea allocution (see, People v. Pellegrino, 60 N.Y.2d 636).

We note that the defendant should have been taken into custody in light of the order of this court, dated April 24, 1985, which denied his motion for an extension of the stay of execution of the sentence pending the determination of the instant appeal (see, CPL 460.50). Lazer, J.P., Rubin, Lawrence and Kooper, JJ., concur.