Opinion
February 3, 1992
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgments are affirmed.
The defendant never moved to withdraw his guilty plea under Indictment No. 6356/87. Having failed to raise the claim that his allocution disclosed the existence of a possible agency defense before the Supreme Court by motion to vacate the plea or otherwise, the defendant's current contention is unpreserved for appellate review (CPL 470.05; People v. Mackey, 77 N.Y.2d 846; People v. Fairclough, 116 A.D.2d 586), and reversal is not warranted in the interest of justice. Inasmuch as the defendant's guilty plea under Indictment No. 6356/87 is sustained, his related plea under Superior Court Information 10491/88 need not be set aside (cf., People v. Fuggazzatto, 62 N.Y.2d 862; People v Clark, 45 N.Y.2d 432). Balletta, J.P., Miller, Ritter and Copertino, JJ., concur.