Opinion
July 1, 1997
Appeal from the Supreme Court, New York County (Herbert Altman, J., at CPL 190.50 hearing; Paul Bookson, J., at plea and sentencing; William Wetzel, J., at resentencing).
Defendants' guilty plea forecloses appellate review of his claim that he was deprived of his right to testify before the Grand Jury ( People v. Mobayed, 234 A.D.2d 48; People v. McConville, 188 A.D.2d 358, lv denied 81 N.Y.2d 843). In any event, we find that the record supports the hearing court's determination that defendant had consented to the withdrawal of his request to testify. Defendant's remaining contentions are without merit.
Concur — Rosenberger, J. P., Nardelli, Rubin, Williams and Mazzarelli, JJ.