Opinion
April 11, 1995
Appeal from the Supreme Court, New York County (Felice Shea, J.).
Defendant's claim that his plea was not knowing, intelligent and voluntary because the court failed to advise him of the constitutional rights he was waiving before taking his factual allocution is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw his plea or vacate the judgment of conviction (People v Lopez, 71 N.Y.2d 662, 665), and we decline to review the issue in the interest of justice. In any event, if we were to review it, we would note that it is wholly without merit, there being no requirement for a uniform mandatory catechism of pleading defendants (People v Harris, 61 N.Y.2d 9, 16), and that the plea was being accepted only after defendant had been advised of his constitutional rights and acknowledged his understanding of the significance and consequences of his plea (see, supra, at 19).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Williams, JJ.