Opinion
October 15, 1985
Appeal from the County Court, Suffolk County (Seidell, J.).
Judgment affirmed.
A motion made by one who is neither the defendant nor his attorney of record is to be disregarded by the court (Dobbins v County of Erie, 58 A.D.2d 733; see, People v Felder, 47 N.Y.2d 287). Therefore, a motion made in defendant's behalf by a third party for withdrawal of defendant's plea of guilty was properly denied. The failure by the court to conduct an inquiry of defendant before denying the motion did not affect the validity of its order. The purpose of such an inquiry is that of giving defendant a reasonable opportunity to present his contentions. Here, defendant did not make any motion and therefore had no contentions to present (see, People v Tinsley, 35 N.Y.2d 926). Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.