Opinion
March 29, 1994
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant's claim that his plea was not knowing or voluntary, is not preserved for appellate review as a matter of law (People v. Galvan, 197 A.D.2d 394), and we decline to review it in the interest of justice. If we were to review it, we would find that defendant's admission that he shot the victim with the intention of causing him "some harm" did not negate an essential element of the manslaughter charge to which he was pleading, and that the allocution was a sufficient acknowledgment of guilt even though it did not track the statutory language (see, supra). We would also find no merit to defendant's argument that the plea was not knowing because he was not informed that a consequence of pleading would be to render him a predicate felon (People v Silvers, 163 A.D.2d 71). We perceive no abuse of sentencing discretion.
Concur — Ellerin, J.P., Kupferman, Ross, Nardelli and Williams, JJ.