Opinion
July 13, 1990
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lowery, JJ.
Order unanimously affirmed. Memorandum: On this motion pursuant to CPL 440.20 (1) to set aside his sentence, defendant has failed to allege that he wished to say anything at the time of sentencing or that he would have addressed the court if he had been given the opportunity (see, People v. McClain, 35 N.Y.2d 483, 491; People v. Regan, 88 A.D.2d 664). Further, at no time did defendant's attorney request that defendant be afforded his statutory right to make a statement personally, and the failure to comply with the statutory mandate in this regard was not otherwise brought to the court's attention at a time when it could so readily have been corrected. Thus, the error, which was not of constitutional dimension, was not preserved for review (see, People v. Green, 54 N.Y.2d 878).