Opinion
June 24, 1993
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
The plea allocution herein was proper and established that the plea was knowing, voluntary and intelligent (People v. Harris, 61 N.Y.2d 9). Where, as here, in a potential insanity case, there is nothing in the record or in defendant's assertions at the plea proceeding to indicate that he was legally insane at the time of the crime, the court is under no obligation to inquire whether defendant was aware of the possible defense of mental disease or defect (People v. Kubik, 186 A.D.2d 271, lv denied 80 N.Y.2d 1027). Furthermore, defendant failed to preserve this challenge, as he never moved to withdraw the plea before sentencing under CPL 220.60 (3) or to vacate the judgment of conviction under CPL 440.10 (People v. Lopez, 71 N.Y.2d 662, 665).
Concur — Wallach, J.P., Kupferman, Ross and Kassal, JJ.