People v. Ostrander

Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered June 4, 1985, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant’s first contention on appeal is that his guilty plea should not have been accepted by County Court since he was *761incapacitated by pain and/or pain-killing medication at the time of the plea. Defendant failed to preserve this issue for appellate review by moving either to withdraw the plea before sentencing or to vacate the judgment of conviction (see, People v Claudio, 64 NY2d 858). In any event,…