Opinion
May 12, 1986
Appeal from the County Court, Nassau County (Boklan, J.).
Judgment, as amended, affirmed.
By failing to make a motion to the court of first instance to withdraw his plea or vacate his conviction, the defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v Pellegrino, 60 N.Y.2d 636; People v Santiago, 100 A.D.2d 857). Nor is reversal warranted in the interests of justice inasmuch as the plea allocution satisfied the basic requirements of People v Harris ( 61 N.Y.2d 9) (see also, People v Buckhannon, 108 A.D.2d 818).
In the instant case, the defendant unequivocally admitted possessing slightly more than two ounces of cocaine. He also acknowledged that he drove his cohort to Long Beach for the specific purpose of selling a quantity of cocaine. The defendant's claim that the court should have inquired further with regard to his participation in the transaction is patently without merit.
Where, as here, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to complain on appeal that his sentence was excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.