People v. Rudolph

104 A.D.2d 1055, 480 N.Y.S.2d 883, 1984 N.Y. App. Div. LEXIS 20499

Opinion

— Judgment of the Supreme Court, Queens County (Sherman, J.), rendered July 12, 1983, affirmed.

The issues raised by defendant regarding his plea are not properly before this court since defendant failed to raise them in the court of first instance (see People v Pellegrino, 60 NY2d 636). In any event, were we to address the merits we would affirm. Defendant’s claim as to his sentence lacks merit. Brown, J. P., Niehoff, Rubin and Eiber, JJ., concur.