Opinion
February 28, 1991
Appeal from the County Court of Broome County (Monserrate, J.).
Defendant's claim regarding the sufficiency of his plea allocution was not preserved for appellate review because defendant failed to move in County Court to withdraw the plea or vacate the judgment of conviction (see, People v Lopez, 71 N.Y.2d 662, 665; People v Pellegrino, 60 N.Y.2d 636, 637). In any event, the record indicates that defendant's plea was knowing, voluntary and the result of a bargained agreement with the District Attorney and, as such, a factual basis for the particular crime confessed was unnecessary (see, People v Francis, 38 N.Y.2d 150, 155-156; People v Epps, 122 A.D.2d 587, 588, lv denied 68 N.Y.2d 914, cert denied 479 U.S. 1068; see also, People v Phelps, 140 A.D.2d 637, lv denied 72 N.Y.2d 922). Finally, defendant pleaded guilty knowing that he would be sentenced as a second felony offender to 3 1/2 to 7 years' imprisonment. Furthermore, five other charges were dropped as a result of the plea agreement. Under the circumstances, coupled with defendant's criminal history, it cannot be said that County Court abused its discretion in imposing sentence (see, People v Dean, 155 A.D.2d 774, 775, lv denied 75 N.Y.2d 812; People v Neira, 130 A.D.2d 518, lv denied 70 N.Y.2d 715; People v Aia, 105 A.D.2d 592, 593).
Judgment affirmed. Mahoney, P.J., Casey, Weiss and Harvey, JJ., concur.