Opinion
May 21, 1992
Appeal from the County Court of Albany County (Turner, Jr., J.).
As defendant failed to either move to withdraw his plea or make a postverdict motion to vacate the judgment of conviction, his contention regarding the sufficiency of his plea allocution has not been preserved for appellate review (see, People v Lopez, 71 N.Y.2d 662, 665; People v. Pellegrino, 60 N.Y.2d 636, 637). In any event, although defendant gave inappropriate responses at three points during his plea allocution, County Court, before agreeing to accept the guilty plea, instructed defendant to speak privately with defense counsel who indicated that defendant misunderstood the questions. Not until further inquiry was conducted to ensure that the plea was knowing and voluntary did the court accept defendant's plea. Under the circumstances, the plea allocution was sufficient (see, People v Clickner, 128 A.D.2d 917, 919, lv denied 70 N.Y.2d 644; People v Harris, 103 A.D.2d 891). Finally, we find that defense counsel provided meaningful representation within the principles enunciated in People v. Baldi ( 54 N.Y.2d 137; see, People v Lynch, 156 A.D.2d 884, 885, lv denied 75 N.Y.2d 921).
Weiss, P.J., Mikoll, Levine and Mercure, JJ., concur. Ordered that the judgment is affirmed.