Opinion
December 24, 1984
Appeal from the County Court, Westchester County (Nastasi, J.).
Judgment affirmed.
By pleading guilty prior to the determination of his omnibus motion to, inter alia, suppress identification testimony, including an identification made at a preliminary hearing, defendant waived appellate review of his contention that the Village Justice erred in declining to permit him to waive his personal appearance at the preliminary hearing (CPL 710.70, subd 2; People v. Colarusso, 103 A.D.2d 848; People v. Pescatore, 102 A.D.2d 834; People v. Corti, 88 A.D.2d 345; People v. Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338). The challenge to the plea has not been preserved by motion to withdraw the plea or motion to vacate the judgment (e.g., People v. Pellegrino, 60 N.Y.2d 636; People v Pascale, 48 N.Y.2d 997) and nothing in the present record persuades us that vacatur is warranted in the interest of justice. Defendant's other claims are meritless and do not warrant discussion. Titone, J.P., Mangano, Brown and Rubin, JJ., concur.