Opinion
December 16, 1997
Appeal from the Supreme Court, Bronx County (Phylis Bamberger, J.).
Defendant's challenges to the plea are unpreserved. In any event, the record clearly establishes the voluntariness of defendant's plea ( see, People v. Fiumefreddo, 82 N.Y.2d 536, 543). Defendant's plea was not impaired by the fact that the court and counsel informed defendant of the scope of possible sentences if he chose to go to trial ( see, People v. Tien, 228 A.D.2d 280, lv denied 88 N.Y.2d 970; People v. Randall, 225 A.D.2d 480, lv denied 88 N.Y.2d 992). Further, defendant admitted facts in his plea allocution to constitute three separate instances of criminal sale of a controlled substance in the third degree, and defendant's assertion that his attorney was "unfamiliar" with his case is belied by the record.
Concur — Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.