Opinion
July 13, 1987
Appeal from the County Court, Suffolk County (Seidell, J.).
Ordered that the judgments are affirmed.
The defendant failed to seek to vacate his pleas prior to sentence. Therefore, his claim that the court should have conducted a further inquiry as to the existence of a possible affirmative defense to robbery in the first degree has not properly been preserved for appellate review, and we decline to reach this issue in the interest of justice (see, People v Hernandez, 78 A.D.2d 816). In any event, the mere fact that a defendant's allocution may not have established all of the essential elements of the crime to which he enters a plea of guilty is not, in itself, necessarily fatal with respect to the propriety of the plea (see, People v. Johnson, 118 A.D.2d 1005).
Nor are we inclined to disturb the sentences imposed, which had been agreed to during plea negotiations (see, People v. Kazepis, 101 A.D.2d 816). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.