People v. Pacheco

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered August 14, 1987, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant’s claim that the courts lack the statutory or inherent power to vacate a guilty plea may be tested in a proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition (Matter of Kisloff v Covington, 73 NY2d 445). The defendant here did not seek to raise this contention by way of such a proceeding, but declined the…