Opinion
September 21, 1995
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
Defendant's claim that his plea was not voluntarily, knowingly and intelligently made is unpreserved for appellate review as a matter of law since he did not move to withdraw the plea before sentencing or to vacate the judgment of conviction ( People v Lopez, 71 N.Y.2d 662, 665), and we decline to review it in the interest of justice. In any event, if we were to review the claim, we would find that the allocution was not insufficient for failure to establish the value of the jewelry that defendant admittedly stole ( see, supra, at 666, n 2; see also, People v Galvan, 197 A.D.2d 394); that the court's inaccurate references at sentencing and resentencing for the third degree grand larceny that defendant had pleaded to as a fourth degree grand larceny could have no effect on defendant's earlier acceptance of the plea offer; and that the court's incorrect statement at the plea proceeding that defendant faced a maximum of four years in prison when he actually faced a maximum of seven years could have had no effect on defendant's decision to accept an offer of five years probation. Defendant's resentence to the consecutive term of 1 to 3 years for the violation of probation was a proper exercise of discretion.
Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Tom, JJ.