Opinion
October 27, 1998
Appeal from the Supreme Court, Bronx County (Rosalyn Richter, J.).
Since defendant's motion to withdraw his plea was made on clearly different grounds, his contention that his plea allocution was factually insufficient to establish his guilt of burglary in the third degree is unpreserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662), and we decline to review it in the interest of justice. Were we to review it, we would find that defendant's intent to commit a crime was sufficiently inferable from his factual recitations ( see, People v. McGowen, 42 N.Y.2d 905). No statement at the plea cast significant doubt upon defendant's guilt.
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.