Opinion
December 29, 1994
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Defendant's challenge to the sufficiency of the plea allocution is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw the plea or vacate the judgment of conviction and there being nothing in the allocution that should have put the court on notice that defendant had a justification defense under Penal Law § 35.15 (see, People v Lopez, 71 N.Y.2d 662, 665-666; compare, People v LeGrand, 155 A.D.2d 482, lv denied 75 N.Y.2d 814, with People v Campo, 196 A.D.2d 720, lv denied 83 N.Y.2d 850), and we decline to review the issue in the interest of justice. If we were to review the merits, we would find that the plea was knowing and voluntary. We have reviewed the sentence, and in view of defendant's past and subsequent criminal record, part of which was subsumed in the plea negotiations in this case, find that it was proper.
Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Nardelli, JJ.