Opinion
570839/00.
Decided September 19, 2003.
In consolidated appeals, defendant appeals from a judgment of the Criminal Court, New York County, rendered June 25, 2000 (Walter Tolub, J.) convicting him, upon a plea of guilty, of disorderly conduct (Penal Law § 240.20), and imposing sentence. Defendant purports to appeal from an order of the same court entered on or about June 3, 2000 (Martin Murphy, J.) adjourning in contemplation of dismissal a separate criminal action in which defendant was charged, inter alia, with loitering (Penal Law § 240.35).
Appeal from order entered on or about June 3, 2000 (Martin Murphy, J.) dismissed, as nonappealable. The granting of an adjournment in contemplation of dismissal is not a judgment of conviction ( see, CPL 170.55) nor is it a determination on the merits ( see, Matter of Marie B., 62 NY2d 352, 359) and, accordingly, no defense appeal lies therefrom as of right ( see, CPL450.10).
Judgment of conviction rendered June 25, 2000 (Walter Tolub, J.) affirmed.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Defendant's present challenge to the adequacy of his guilty plea entered on the second docket is not preserved as a matter of law since he failed to move to withdraw his plea or vacate the judgment of conviction ( see, People v. Lopez, 71 NY2d 662, 665).
In any event, a plea of guilty will be sustained in the absence of a factual allocution where, as here, there is no indication that the guilty plea assented to by the defendant in the presence of counsel was improvident or baseless ( see, People v. Winbush, 199 AD2d 447, 448; People v. Moore, 91 AD2d 1050).
This constitutes the decision and order of the court.