People v. Roy

—Appeal by the defen*567dant from a judgment of the County Court, Orange County (Berry, J.), rendered July 31, 1996, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Inasmuch as the defendant failed to raise the claim that he was innocent of the crime to which he pleaded guilty by motion to vacate the plea of guilty or otherwise in the court of first instance, his argument that he should be relieved of his plea of guilty has not been preserved for appellate review (see, People v Pellegrino, 60 NY2d 636).

In any…