People v. Anaya

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 25, 2001, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Since defendant’s motion to withdraw his plea was made on different grounds, his claim that his plea was rendered involuntary by the court’s failure to inquire about the affirmative defense to felony murder contained in Penal Law § 125.25 (3) is unpreserved (People v Townsend, 257 AD2d 458 [1999]), and we decline to review it in the interest of justice. Were we to…