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PEOPLE v. OSTRANDER

136 A.D.2d 760 (1988)

The People of the State of New York, Respondent, v. Robert P. Ostrander, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 7, 1988

Levine, J.

Defendant's first contention on appeal is that his guilty plea should not have been accepted by County Court since he was incapacitated by pain and/or pain-killing medication at the time of the plea. Defendant failed to preserve this issue for appellate review by moving either to withdraw the plea before sentencing or to vacate the judgment of conviction (see, People v Claudio,

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