Judgment unanimously reversed as a matter of discretion in the interest of justice, plea vacated and defendant remanded to Supreme Court, Onondaga County, for further proceedings on the indictment.
Defendant was convicted, upon his guilty pleas, of the crimes of attempted murder, second degree, and criminal possession of a weapon, third degree, and sentenced in accordance with the sentence arrangement. Defendant argues for the first time on this appeal that his pleas were not voluntarily and intelligently entered. However, by not raising the issue by motion to withdraw or vacate before the court of first instance, defendant has failed to preserve for appellate review his challenge to the validity of his guilty pleas (see, People v Pellegrino, 91 A.D.2d 942, affd 60 N.Y.2d 636; People v Bell, 47 N.Y.2d 839; People v Warren, 47 N.Y.2d 740; People v Valencia, 120 A.D.2d 629; People v Marshall, 118 A.D.2d 735, lv denied 68 N.Y.2d 670). Nonetheless, as a matter of discretion in the interests of justice we exercise our authority to review and we conclude that the judgments of conviction must be reversed, and the pleas vacated.
Where, as here, in pleading guilty to the crime of attempted murder, second degree, defendant cast doubt upon his guilt,
Because defendant's guilty plea to the crime of criminal possession of a weapon, third degree, was part of the negotiated plea arrangement, it too must be reversed.