Opinion
570350/08.
Decided December 1, 2009.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Neil E. Ross, J.), rendered October 5, 2007, convicting him, upon a plea of guilty, of resisting arrest, and imposing sentence.
Judgment of conviction (Neil E. Ross, J.), rendered October 5, 2007, affirmed.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement ( see People v Lopez, 71 NY2d 662), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. A plea of guilty will be sustained in the absence of a full factual allocution where, as here, there is no indication that the guilty plea assented to by the defendant in the presence of counsel was improvident or baseless ( see People v Winbush, 199 AD2d 447, 448; see also People v Goldstein, 12 NY3d 295, 300-301).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.