Opinion
September 21, 1992
Appeal from the County Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed.
The defendant's failure to move to withdraw his plea or vacate the judgment of conviction renders his claim regarding the sufficiency of his plea allocution unpreserved for appellate review (see, People v Mackey, 77 N.Y.2d 846; People v Lopez, 71 N.Y.2d 662). In any event, the defendant's contention that his plea was per se involuntary because he pleaded guilty against his attorney's advice is without merit. It was the defendant's decision, not that of defense counsel, to enter a plea of guilty rather than to proceed to trial. The fact that the defendant's plea was against the advice of his counsel is inconsequential since the plea was knowingly, intelligently, and voluntarily entered into (see, Brady v United States, 397 U.S. 742; People v Lopez, supra). Balletta, J.P., Miller, Pizzuto and Santucci, JJ., concur.